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2l N %Fi DATE: TO: FROM: COUNCIL AGENDA REPORT FEBRUARY 19, 2013 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER MEETING DATE: 03/04/13 ITEM NO: SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH LOS GATOS UNITED SOCCER LEAGUE FOR USE OF THE CREEKSIDE SPORTS PARK RECOMMENDATION: Authorize the Town Manager to execute an agreement with Los Gatos United Soccer League for use of the Creekside Sports Park. BACKGROUND: The development of a community youth sports facility has been a Town priority for many years. In 2009, the former Verizon Corporation Yard site at 930 University Avenue was purchased by the Town with proceeds from the sale of Town property located in Vasona Park to the County of Santa Clara. The intent of the land sale and purchase was that that the former Verizon site would be developed as a future youth and community sports and recreation facility. In June 2010, as one of the first steps leading to the eventual development of the Creekside Sports Park, the Town Council adopted a set of guiding principles to ensure the development of an affordable facility that would meet the key youth recreation needs of the Town. One of the guiding principles was for the Town to cover ongoing operation and maintenance of the facility through user fees. A formal planning process for Creekside Sports Park began in November 2010, and following a series of community meetings and workshops, a master plan was approved by the Town Council in September 2011. Construction of the Creekside Sports Park began in October 2011, and a community grand opening and dedication event was held on October 27, 2012. Since the October 2012 dedication, Creekside Sports Park has seen increasing use by organized sports groups and informal or drop -in users. PREPARED BY: TODD CAPURSO Director of Parks and Public Works Reviewed by: Town Manager Town Attorney PAGE 2 FEBRUARY 19, 2013 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH LOS GATOS UNITED SOCCER LEAGUE FOR USE OF THE CREEKSIDE SPORTS PARK DISCUSSION: From inception through completion, a major partner with the Town in realizing the Creekside Sports Park project has been the Los Gatos United Soccer League (LGUSL). LGUSL is an affiliate of the California Youth Soccer Association (CYSA) and currently serves over 1700 youth from Los Gatos and the surrounding communities. The LGUSL programs emphasize the development of soccer skills, while also promoting self - esteem, encouraging good sportsmanship and enhancing other developmental assets. LGUSL made a significant capital contribution to the Town to assist in the cost of construction of the Sports Park, and participated with the Town throughout the planning and design phases of the project. Town staff has been working with the LGUSL, as a primary user of the facility, over the past several months on a facility use agreement that includes a field use schedule that meets the needs of the LGUSL, as well as provides designated hours for, youth lacrosse and /or informal or specialized community use. As part of the discussions with LGUSL, staff has emphasized the expectation that the operation and maintenance costs of the facility would be covered by user fees, consistent with Town Council adopted Guiding Principles. The Town and LGUSL have come to terms on a use agreement that will provide the League with scheduled times for exclusive use of the Creekside Sports Park in return for an annual use fee, reimbursement of a proportional share of utility costs, and sharing of maintenance responsibilities. The specific days and times of exclusive use will be set forth in an Annual Schedule which will also allow time for both other scheduled users as well as informal or drop -in community use. Key provisions of the use agreement are as follows: • No later than October 15th of each year, LGUSL and the Town of Los Gatos shall meet to develop an Annual Schedule for use of the facility for the following calendar year. • The Town retains the right to use or authorize the use of the Creekside Sports Park for all dates and times not included in the Annual Schedule. • The Town of Los Gatos shall have the sole authority to approve the Annual Schedule and any requested changes to the Annual Schedule. • The term of the agreement shall be for five years, with up to two additional five year extensions, upon mutual written consent of the parties. • LGUSL shall pay the Town an Annual Use Fee of $15,000 for use of the sports park facility. The fee will be adjusted annually based on changes to the CPI. • LGUSL shall pay the Town a proportional share of utility costs for the facility. PAGE 3 FEBRUARY 19, 2013 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH LOS GATOS UNITED SOCCER LEAGUE FOR USE OF THE CREEKSIDE SPORTS PARK DISCUSSION (Cont'd.): The agreement also sets forth shared maintenance responsibilities as follows: LGUSL Responsibilities 1. Litter and trash pick -up following each scheduled use. 2. Emptying of receptacles and recycling containers on an as- needed basis during or following scheduled use, particularly during tournaments or other heavy use events. 3. Cleaning floors, food preparation and serving surfaces, sinks, and appliances in the kitchen/snack shack area. 4. Complying with applicable environmental and health regulations associated with the storage, preparation and serving of food and beverages from the kitchen/snack shack. 5. Maintenance and replacement of equipment and appliances in the snack shack/kitchen area as may be needed. 6. Maintaining all soccer goals and associated equipment, and ensuring that they are used in a safe and secure manner. Town of Los Gatos Responsibilities 1. Daily opening and closing of the Sports Park and restrooms. 2. Cleaning and restocking of restrooms. 3. Providing extra liners for garbage and recycling receptacles as may be needed by LGUSL for litter and garbage pick -up. 4. Maintenance of buildings, parking lot and security lighting, walkways, hardscape, fencing, gates and other surfaces. 5. Landscape and irrigation maintenance. 6. Field maintenance, including all Town - installed striping. 7. Graffiti abatement. Additionally, the LGUSL will be required to comply with all Town park use policies, including special facility use policies applicable to the Creekside Sports Park. PAGE 4 FEBRUARY 19, 2013 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH LOS GATOS UNITED SOCCER LEAGUE FOR USE OF THE CREEKSIDE SPORTS PARK ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Approval of the agreement with LGUSL for use of the Creekside Sports Park will result in annual revenue in, excess of $15,000 (use fee plus proportional costs of utilities). The fee will be incorporated into the Town -wide fee schedule and included in the FY 2013/14 adopted budget as a funding source for costs associated with maintaining the sports park.