Staff Report.Use Agreement Los Gatos-Saratoga Community Education and Recreation
PREPARED BY: Nicolle Burnham
Director, Parks and Public Works
Reviewed by: Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/06/2023 ITEM NO: 14
DATE: May 16, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Provide Direction on Terms and Authorize the Town Manager to Execute a
Use Agreement with Los Gatos-Saratoga Community Education and
Recreation
RECOMMENDATION:
Provide direction on terms and authorize the Town Manager to execute a Use Agreement with
Los Gatos-Saratoga Community Education and Recreation.
BACKGROUND:
Los Gatos-Saratoga Community Education and Recreation (“LGSR”), a joint powers agency of
the Los Gatos Union School District, Saratoga Union School District, and Los Gatos-Saratoga
Union High School District, was established in 1956 to ensure the effective and efficient
provision of community education and recreation services to the residents of Los Gatos,
Saratoga, Monte Sereno, and Santa Cruz Mountains communities.
In 2009, the Town entered into a lease agreement for 208 East Main Street with LGSR. The
parties agreed that LGSR would provide programming for Town senior residents (age 55 years
and older) in exchange for rent payments that were below market rate. LGSR has been
generally providing those services ever since.
In 2014, the Town and LGSR entered into an agreement for recreation-based programming in
certain Town Parks. The initial agreement was extended through May 31, 2020 (Attachment 1).
In accordance with Council action taken on April 21, 2020 (item #12) regarding relief during the
pandemic, use charges were waived during 2020, 2021, and the first six months of 2022. A use
agreement renewal was not executed during that period.
PAGE 2 OF 4 SUBJECT: Provide Direction on Terms and Authorize the Town Manager to Execute a Use Agreement with Los Gatos-Saratoga Community Education and Recreation DATE: May 16, 2023
DISCUSSION:
The proposed Use Agreement (Attachment 2) provides LGSR the use of certain facilities at
Blossom Hill Park, Creekside Park, La Rinconada Park, and Oak Meadow Park (collectively, the
“Premises”).
The main terms of the proposed agreement upon which both parties agree are as follows:
1. Length of Agreement: The term of the agreement is one year with nine additional one-
year periods. Either party may terminate the agreement by providing written notice on
or before February 1 of the calendar year.
2. Schedule of Use: LGSR shall provide a schedule for fall programming by June 30th of each
calendar year for Fall session, by September 30th of Winter and Spring sessions, and
February 28th for the Summer session. A sample of schedule for Summer 2023 is show
in Attachment 3.
3. Annual Use Fee Adjustment: On each anniversary of the agreement (starting July 1,
2024), the Annual User Fee will be adjusted according to the percent change in the U. S.
Department of Labor, Bureau of Labor Statistics Consumer Price Index, All Items, All
Urban Consumers, San Francisco-Oakland-San Jose, 1982-84-100 Index.
4. Clean-Up: LGSR shall be responsible for general site clean-up including pick up and
disposal of trash that may result from the approved use of the Premises.
5. Adherence to the Town Code and Rules: LGSR shall comply, without limitation, with all
applicable provisions of the Los Gatos Town Code, with special attention to Chapter 19,
Parks and Recreation provisions. LGSR shall also comply with any park rules and
regulations established by the Director of Parks and Public Works pursuant to Section
19.10.025(17) of the Town Code, including those rules set forth in Town of Los Gatos
Park Rules and Regulations.
REQUESTED DIRECTION
There are two agreement terms for which staff is seeking direction from Town Council. These
are as follows and alternative language for each item is presented in the draft agreement in
Attachment 2.
PAGE 3 OF 4 SUBJECT: Provide Direction on Terms and Authorize the Town Manager to Execute a Use Agreement with Los Gatos-Saratoga Community Education and Recreation DATE: May 16, 2023
DISCUSSION (continued):
Annual Use Fee
Staff has established a use fee of $15,500 for the contract base year. This cost would provide
for up to 4,607 hours of park use by LGSR for their programming. Los Gatos has a Use Fee for
sport fields of $95 per day for the first day of use plus $55 per day after that, which is well
below the current rates charged by neighboring communities.
Table 1 provides the use fee per hour for groups with which the Town has Park Use
Agreements.
Table 1. Park Use Fees by User Group
User Name Annual Use
Fee ($)
Annual Total
Use Hours
Annual Fee Per
Hour ($/Hour)
Los Gatos United Soccer 21,590 1,865 11.58
Red Hawks Lacrosse 5,850 253 23.12
Los Gatos Little League 6,600 1,216 5.43
Los Gatos Saratoga Recreation 15,500 4,607 3.36
LGSR has discussed with staff the idea that there be no charge for senior programming
provided in the Town Parks covered in this agreement. LGSR provides 671 hours of pickleball
programming at the present time. While this is not specifically a senior program, many of the
participants in this program are over 55, which is the assumed age that senior programming
would target. Using the $3.36 per hour use fee noted above, free pickleball programming
would result in a net reduction in the Use Fee of $2,254.56. The annual fee for 2023/24 would
then be $13,245.22, or $2.88 per use hour.
Per the terms of the proposed agreement, the addition of future senior programming would
not result in an increase in charges; however, the use would need to be provided to Town staff
in the annual schedule. Staff would need to balance the community interest and public use of
the park amenities with the additional programming requests made by LGSR, which is typical of
all use agreements.
Facility Maintenance Fee
Past Use Agreements with LGSR have included a Facility Maintenance fee of $2.00 per
participant per session. With the renewal of agreements with Los Gatos Little League, Red
Hawks Lacrosse, and Los Gatos United Soccer, a $4.00 per participant per season Facility
Maintenance Fee was included in the contract, and staff is suggesting the same for LGSR. Table
2 shows projected Facility Maintenance Fees for groups with which the Town has Use
Agreements.
PAGE 4 OF 4 SUBJECT: Provide Direction on Terms and Authorize the Town Manager to Execute a Use Agreement with Los Gatos-Saratoga Community Education and Recreation DATE: May 16, 2023
DISCUSSION (continued):
Table 2. Project Facility Maintenance Fee by User Group
User Name
Facility Maintenance
Fee (Per Attendee
per Season or
Session)
Approximate
Number of Annual
Users
Projected Facility
Maintenance Fee to
be Paid Annually ($)
Los Gatos United Soccer $4.00 350 $1,400
Red Hawks Lacrosse (the Club) $4.00 125 $500
Los Gatos Little League $4.00 200 $800
Los Gatos Saratoga Recreation $4.00 4,300 $17,200
LGSR has asked that their Facility Maintenance Fee be retained at $2.00 per participant and
staff is seeking Town Council direction on this topic.
CONCLUSION:
Staff is asking that the Town Council provide direction on the Use Agreement between the
Town of Los Gatos and Los Gatos-Saratoga Community Education and Recreation, specifically
with regard to the Use Fee and Facility Maintenance Fees.
FISCAL IMPACT:
Approval of the Use Agreement with LGSR would result in annual revenue of $15,500 (or
$13,245.22 if pickleball hours are provided at no charge to LGSR) beginning July 1, 2023. Each
future year of the agreement the fee would increase as defined in the Agreement Terms.
Additional revenue will be derived from the Facility Maintenance Fee, which will be paid to the
Town on a semi-annual basis. The amount of revenue will depend on Council’s direction on this
issue.
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a project defined under CEQA, and no further action is
required.
Attachments:
1. Prior Use Agreement
2. Proposed Use Agreement between Town of Los Gatos and Los Gatos-Saratoga Community
Education and Recreation