AGENDA
Meeting of the
Scotts Valley City Council
In-Person and Remote Access
Date: November 6, 2024
Time: 6:00 PM
CONTACT
INFORMATION
MEETING LOCATION POSTING
City of Scotts Valley
1 Civic Center Drive
Scotts Valley, CA 95066
(831) 440-5600
City Council Chambers
1 Civic Center Drive
Scotts Valley, CA 95066
OR
Zoom Video Conference
https://us02web.zoom.us/j/83295730901
Teleconference location: 78-6800 Alii
Drive #5-202 Kailua Kona HI
Agenda posted on 11-1-
2024 at City Hall, SV
Senior Center, SV Public
Works Building,78-6800
Alii Drive #5-202 Kailua
Kona HI, and on the
Internet
at: www.scottsvalley.gov
ELECTED OFFICIALS CITY STAFF MEMBERS
Randy Johnson, Mayor
Derek Timm, Vice Mayor
Jack Dilles, Council Member
Donna Lind, Council Member
Allan Timms, Council Member
Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Stephanie Hill, Administrative Services
Director
Allison Pfefferkorn, Recreation Division
Manager
Cathie Simonovich, City Clerk
MEETING NOTICE AND AGENDA PACKET MATERIALS
Notice regarding City Council Meetings:
The City Council meets regularly on the 1st and 3rd Wednesday of each month at 6:00 PM in the City Hall Council Chambers located at 1 Civic Center Drive, Scotts Valley, CA 95066, and via Zoom Webinar remote access.
Agenda and Agenda Packet Materials:
The City Council agenda and the complete agenda packet are available for review by 5:00 PM the Friday before the Wednesday meeting on the Internet at the City’s website:
www.scottsvalley.gov and in the lobby of City Hall at 1 Civic Center Drive, Scotts Valley, CA.
Pursuant to Government Code §54957.5, materials related to an agenda item, submitted after distribution of the agenda packet, are available for public inspection in the lobby of City Hall during normal business hours, Monday-Friday, 8am-12 pm and 1-5 pm. In accordance with AB 1344, such documents will be posted on the City’s website at www.scottsvalley.gov.
Public Participation:
The meeting will be available on Zoom and livestreamed to the City of Scotts Valley’s
City Council Meeting Agenda Page 2
Date: November 6, 2024
YouTube channel: https://www.youtube.com/@cityofscottsvalley For those wishing to participate via Zoom you can join the following ways:
Zoom Webinar meeting link: https://us02web.zoom.us/j/83295730901 Or dial one of these numbers: (669) 900-9128 or (669) 444-9171 Webinar ID: 832 9573 0901
Whether attendance is in-person or remote, you will be given opportunities to provide public comment at the appropriate times throughout the meeting. The time limit is up to 3 minutes for an individual, or 5 minutes for someone who is representing a group of three or more, at the discretion of the Mayor. Please note that this is not a question-and-answer time, but simply a time to provide comments to the Council. At the appropriate times during the meeting for public comment, on items not on the agenda, and on specific agenda items, the Mayor will announce that public comment will be accepted.
How to comment via in-person attendance:
Please proceed to the public comment podium when the Mayor opens the item for public comment.
How to comment via Zoom Webinar:
Use the webinar attendee option to “raise hand” when the Mayor opens the item for public comment. The Clerk will unmute you when it is your turn. If you have joined via Zoom phone call, dial *9 or your phone to “raise your hand”, and the Clerk will unmute you when it is your turn.
CALL TO ORDER 6:00 PM
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
ROLL CALL
SPECIAL SET MATTER
1. Mayor's Proclamation recognizing November 2024 as Family Court Awareness Month
COMMITTEE REPORTS
Council members are appointed to committees which are either City committees or committees dealing with other jurisdictions. This portion of the agenda allows the committee member to present oral or written reports to the Council regarding their committee assignments. It also allows the Council to make comments and give the committee member direction, as required.
CITY MANAGER REPORT
City Council Meeting Agenda Page 3
Date: November 6, 2024
PUBLIC COMMENT TIME
This is the opportunity for individuals attending in person to make oral comments to the Council on any items within the purview of the Council, which are NOT part of the Agenda. No action on the item may be taken, but the Council may request the matter be placed on a future agenda. Written public comment may be emailed to the City Clerk by 5:00 PM on the day of the meeting at [email protected].
ALTERATIONS TO CONSENT AGENDA
Council can remove or add items to the Consent Agenda.
CONSENT AGENDA
The Consent Agenda is comprised of items which are intended to be non-controversial and are approved without discussion. Persons wishing to speak on any item may request the item be moved to the Regular Agenda by raising their hand to be recognized by the Mayor. An item will only be moved from the Consent Agenda to the Regular Agenda if a City Council Member requests it to be moved and a majority of the Council agrees.
1. Approve City Council Special Meeting minutes and City Council Regular Meeting minutes of 10-07-2024
2. Approve check register dated 09-28-2024 through 11-01-2024
3. Appointment to the Santa Cruz County Library Financing Authority
4. Appointment to the Santa Cruz County Consolidated Redevelopment Successor Agency Oversight Board
5. Approve a resolution to give authority to add one Emergency Dispatch Clerk
6. Approve First Amendment to the Siltanen Family Swim Center Lease
ALTERATIONS TO REGULAR AGENDA
Council can remove or add items to the Regular Agenda.
REGULAR AGENDA
Persons wishing to speak on any item may do so by raising their hand to be recognized by the Mayor.
1. Consider approval of proposed Recreation Fees and Charges
2. Future Council Agenda Items
City Council Meeting Agenda Page 4
Date: November 6, 2024
ADJOURNMENT
ADA NOTICE
The City of Scotts Valley does not discriminate against persons with disabilities. The City Council Chambers is an accessible facility. If you wish to attend a City Council meeting and require assistance such as sign language, a translator, or other special assistance or devices in order to attend and participate at the meeting, please call the City Clerk's office at (831) 440-5600 five to seven days in advance of the meeting to make arrangements for assistance. If you require the agenda of a City Council meeting be available in an alternative format consistent with a specific disability, please call the City Clerk’s Office. The California State Relay Service (TTY/VCO/HCO to Voice: English 1-800-735-2929, Spanish 1-800-855-3000; or, Voice to TTY/VCO/HCO:
English 1-800-735-2922, Spanish 1-800-855-3000), provides Telecommunications Devices for the Deaf and Disabled and will provide a link between the TDD caller and users of telephone equipment.
City Council Meeting Agenda Page 5
Date: November 6, 2024
PROCEDURAL INFORMATION FOR THE PUBLIC
THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
APPROVAL OF A RESOLUTION:
1. Move the Resolution number for approval.
2. Second the motion.
3. Vote by body, a roll call vote is not required.
THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
INTRODUCTION/ADOPTION OF AN ORDINANCE:
1. Move the Ordinance number for introduction (or adoption).
2. Move the Ordinance be introduced by title only and waive the reading of the text.
3. Read the Ordinance title.
4. Second the motion.
5. Vote by body, a roll call vote is not required.
THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
PUBLIC COMMENT/PUBLIC HEARINGS:
Unless otherwise determined by the presiding officer of the meeting:
1. Three minutes allowed per individual to speak.
2. Five minutes allowed per individual representing a group of three or more. ❖❖❖❖❖❖❖❖
The City of Scotts Valley does not discriminate against persons with disabilities. The City Council Chambers is an accessible facility. If you wish to attend a City Council meeting and require assistance such as sign language, a translator, or other special assistance or devices in order to attend and participate at the meeting, please call the City Clerk's office at (831) 440-5602 five to seven days in advance of the meeting to make arrangements for assistance. If you require the agenda of a City Council meeting be available in an alternative format consistent with a specific disability, please call the City Clerk’s Office. The California State Relay Service (TTY/VCO/HCO to Voice: English 1-800-735-2929, Spanish 1-800-855-3000; Voice to TTY/VCO/HCO: English 1- 800-735-2922, Spanish 1-800-855-3000; or, from or to Speech-to-Speech, English & Spanish 1- 800-854-7787), provides Telecommunications Devices for the Deaf and Disabled and will provide a link between the TDD caller and users of telephone equipment.
CALL TO ORDER 7:30 PM
ROLL CALL
CONVENE TO CLOSED SESSION
CLOSED SESSION SUBJECT
MINUTES
Special Meeting of the
Scotts Valley City Council
Date: October 2, 2024
Time: 7:30 PM
CONTACT
INFORMATION
MEETING LOCATION POSTING
City of Scotts Valley City Council Chambers The agenda was posted 1 Civic Center Drive 1 Civic Center Drive on 10-01-2024 at City Scotts Valley, CA Scotts Valley, CA 95066 Hall, SV Senior Center, 95066 SV Public Works
(831) 440-5600 Building, and on the
Internet
at www.scottsvalley.gov.
The City Council meeting was called to order at 9:17 PM.
ELECTED OFFICIALS CITY STAFF MEMBERS PRESENT:
PRESENT: Mali LaGoe, City Manager
Randy Johnson, Mayor Kirsten Powell, City Attorney
Derek Timm, Vice Mayor Stephanie Hill, Administrative Services Director Jack Dilles, Council Member Cathie Simonovich, City Clerk Allan Timms, Council Member
ELECTED OFFICIALS
RECUSED:
Donna Lind, Council Member
The City Council convened to closed session at 9:18 PM to discuss the following item:
RECONVENE TO OPEN SESSION
REPORT ON ACTION TAKEN DURING CLOSED SESSION
ADJOURNMENT
City Council Meeting Minutes Page 2
Date: October 2, 2024
1. Conference with Legal Counsel - Existing Litigation
Legal Authority: Government Code Section 54956.9
Number of Cases: 1 Case
Name of Case: Service Employees International Union Local 521 v. City of Scotts Valley, Public Employee Relations Board Case No. SF-CE-2172-M Staff Present: City Manager, City Attorney, Administrative Services Director, Labor Counsel
The City Council reconvened to open session at 9:48 PM.
City Attorney Powell announced that there was nothing to report from the Closed Session meeting.
The meeting adjourned at 9:48.
Attest:
Cathie Simonovich, City Clerk
Approved:
Randy Johnson, Mayor
CALL TO ORDER 6:00 PM
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
ROLL CALL
CITY STAFF MEMBERS PRESENT:
Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Steve Walpole, Police Chief
Stephanie Hill, Administrative Services Director
Taylor Bateman, Community Development
Director
Rodolfo Onchi, Public Works Director
Cathie Simonovich, City Clerk
ELECTED OFFICIALS
PRESENT:
Randy Johnson, Mayor
Derek Timm, Vice Mayor
Jack Dilles, Council Member
Donna Lind, Council Member
Allan Timms, Council Member
COMMITTEE REPORTS
MINUTES
Meeting of the
Scotts Valley City Council
Date: October 2, 2024
Time: 6:00 PM
CONTACT
INFORMATION
MEETING LOCATION POSTING
City of Scotts Valley City Council Chambers The agenda was posted 1 Civic Center Drive 1 Civic Center Drive on 9-27-2024 at City Hall, Scotts Valley, CA Scotts Valley, CA 95066 SV Senior Center, SV 95066 OR Public Works Building,
(831) 440-5600 Zoom Video Conference and on the Internet https://us02web.zoom.us/j/83295730901 at www.scottsvalley.gov.
The City Council meeting was called to order at 6:02 PM.
CM Lind represented the City at the Walk out of the Darkness event, which raises awareness of suicide and suicide prevention. This was a powerful and moving event, and she thanked the Scotts Valley Police Officers who helped with it.
City Council Meeting Minutes
Date: October 2, 2024
CITY MANAGER REPORT
CM Lind attended a Santa Cruz Metropolitan Transit District (METRO) Board of Directors meeting where they discussed the classification and compensation study for the management group, which had not been done in many years. As a result, they approved salary adjustments, and then reviewed the updated budget.
CM Lind attended a meeting of the Scotts Valley Chamber of Commerce Ambassadors, and they agreed to bring back the Chamber Business Walk. She also reported that there was a ribbon cutting ceremony recently for Within Your Reach Physical Therapy and Fitness on Scotts Valley Drive.
CM Timms attended a meeting of the Local Area Formation Commission (LAFCO) where they received a report on the success of the Opal Cliffs Recreation District dissolution and the conversion to a County park. The CSA 48 study continues, and a transition plan will be adopted in April 2025.
VM Timm, along with CM Dilles, completed the 200-mile Sunrise Rotary Ride. The funds raised ($150K) will go towards the Jade Street All-Inclusive Park in Capitola.
VM Timm is looking forward to the Town Center Subcommittee debrief that is scheduled for Thursday, 10/3. He will be reporting on this at the next City Council Meeting.
VM Dilles noted that he thoroughly enjoyed the Sunrise Rotary Ride.
Mayor Johnson is pleased with the results of the community outreach for the Town Center project, and he is optimistic about how the project is progressing.
ICMA Conference: City Manager LaGoe attended the International City/County Management Association Conference, which was a great opportunity to network with City and County Managers from across the United States and from all over the world.
She attended sessions on economic development, town center development, recreation facilities and funding, finance, and many more topics.
SV/SLV Soccer Club: City Manager LaGoe, along with Recreation Division Manager Pfefferkorn, met with representatives from the SV/SLV Soccer Club and discussed short term and long term solutions for the field conditions at Skypark and Siltanen Park, which they rely on for the 1,700 kids who play soccer as part of this club.
Town Center Project: The consultants have been compiling the feedback from 400 survey responses and hundreds of comments they received at the various community events. She thanked the Council Members for the time that they spent talking to people at these events. The feedback will be compiled into a preferred design option which will be presented to City Council for input and approval in the coming months.
City Council Meeting Minutes
Date: October 2, 2024
NEPA for Town Center Parcels Purchase: The NEPA (National Environmental Policy Act) process for the purchase of the Town Center parcels could get expedited.
The City is working with the Department of Housing and Urban Development (HUD) and hopefully the NEPA will be expedited by about 30 days, as compared to the initial timeline.
David Lyng Real Estate Office Staff Meeting: City Manager LaGoe attended this meeting and gave an update on current projects in Scotts Valley.
State of the City Address: If you were unable to attend the State of the City Address in September, it is recorded and posted on the City's YouTube channel.
Potable Water at Skypark: There were several events over the weekend (Food Trucks, Suicide Prevention Walk, and Music at Skypark) and during one of the events the main line for the potable water was damaged, likely from a vehicle. City staff spent Monday and Tuesday trying to make repairs and then found damage in another location. The potable water at Skypark has been turned off, which affects the drinking fountains, restrooms, and the recreation building. The repairs should be completed by Friday and, in the meantime, portable restrooms have been brought in. The organizers of the various leagues and events have been kept in the loop.
PG&E Planned Maintenance: PG&E has several planned maintenance projects coming up around the City. They are replacing poles on several streets which will cause short power outages starting 10/11. Residents in these areas have been notified. PG&E also has plans to do extensive tree trimming around the City and we are waiting to find out the exact locations so that we can coordinate public outreach and notification.
Bean Creek Road Permanent Repairs: The permanent repairs will begin next week which will create a hard closure for the next few months, and PG&E will also need to cut power in that area for periods of time. The City has been in contact with the neighbors.
Political Signs: There are a lot of political signs posted in the City right now. If you have a concern about a sign, please email [email protected] with this information.
Next City Council Meeting: There will not be a City Council meeting on October 16th due to the CalCities annual conference. The next regular City Council meeting will be on November 6th.
Reminder: Follow the City on Social Media!
City Council Meeting Minutes
Date: October 2, 2024
ALTERATIONS TO CONSENT AGENDA
CONSENT AGENDA
PUBLIC HEARINGS
None.
M/S: Lind/Dilles
To approve the Consent Agenda with no alterations.
Carried 5/0 (AYES: Johnson, Timm, Dilles, Lind, Timms)
1. Approve City Council minutes of 09-18-2024
2. Approve check register dated 09-14-2024 through 09-27-2024
3. Beverage Container Recycling Grant Program Application Resolution The Public Hearing was held after the Regular Agenda and after a brief recess (as noted below).
Mayor Johnson adjourned the meeting at 6:26 PM for a short break due to the timing of the public hearing.
Mayor Johnson called the meeting back to order at 6:32 PM.
1. Public Hearing to consider a Negative Declaration, General Plan Amendment, Zone Change, Planned Development Zoning Application, Design Review Application, Use Permit Application and Cultural Resources Alteration Application to allow for the construction of a 52,250 Sf three story development on a 1.35-Acre site located at 125 Bethany Drive, on the North side of Scotts Valley Drive between Tabor Drive and Bethany Drive. Proposed land uses would include 10,000 sf of professional and administrative office space, and 42,250 sf of storage/ministorage for up to 227 users after a split decision from the Planning Commission resulting in no recommendation.
Community Development Director Bateman introduced this item and gave clarification on the staff recommendation.
Susie Pineda, Consultant Planner, presented this item and, along with Director Bateman and City Attorney Powell, responded to questions and comments from the Council Members.
PUBLIC COMMENT TIME
City Council Meeting Minutes
Date: October 2, 2024
Mayor Johnson opened the public hearing at 6:55 PM.
The applicant, Eli May, gave a brief PowerPoint presentation describing the project.
Todd Creamer, the Project Engineer from C2G/Civil Consultants Group, spoke about the trash enclosure location and indicated that it could be moved. He also addressed the parking issue and noted that they can adjust the size of the parking spaces so that they meet the City's requirements. Finally, he discussed the landscaping and indicated that they are willing to add more trees.
Public comment:
1. Todd Creamer, a resident and business owner in Scotts Valley, spoke in favor of the project due to the need for office space.
2. Allison Kelly, a neighbor, spoke on behalf of herself and the following people: Travis and Sara Miller, Bree and Jason Meulman, Vine Hill parents Eric and Ericka Turzak, and Vine Hill Teaching Assistant Jamie Karam (neighbors who could not attend the meeting). They oppose the project due to lack of outreach to the neighbors, the many exceptions, the proximity to the riparian area, displacement of the current tenants; and in their opinion, this is an illegal project.
3. Bryleigh's Mom, a neighbor, voiced opposition to the project because she feels the zoning changes and the general plan changes are incompatible with the neighborhood and will have a negative impact due to the proximity to the elementary school and the fact that there are no pedestrian safety measures.
4. Bryleigh, a neighbor and 3rd grade student at Vine Hill Elementary School, wants to be able to walk to school safely by herself. She feels that this project is wrong and would like to see a house or something else in that location.
5. Michael Shulman, spoke on behalf of Scotts Valley Unified School District (SVUSD). During the negative declaration comment period, SVUSD sent a letter expressing their concerns surrounding noise, pedestrian safety and dust. He clarified that they requested Saturday to be the alternative day for construction, not Sunday. He feels that all the District's concerns can be worked out with communication, collaboration and cooperation. The District would also want the dust and noise to be contained on the site, so it does not float over to the elementary school. The District would like to see their requests incorporated into the formal conditions.
6. Marina Hoey read a letter written by Matt Hoey who represents the Bethany Drive Neighborhood Residents group. Mr. Hoey's letter expressed opposition to the project due to the land use change to light industrial.
7. Adrian Calvan, a current tenant, spoke in favor of the project due to the availability of much-needed storage for the tenants.
8. Raffi Nalvarian, a current tenant and business partner to Adrian Calvan, spoke in favor of the project due to the storage, the innovation, and the fact that it is aesthetically pleasing.
9. Matt Taylor, a neighbor, spoke in favor of the project due to the storage and the improvement it will offer visually.
City Council Meeting Minutes
Date: October 2, 2024
10. A resident of Tabor Drive, spoke in opposition to the project. She feels that, while there is a need to renovate the property, the current design does not comply with the City's General Plan; and more communication, outreach and collaboration is needed with the residents.
11. Steve McGuirk, a retired landscape architect, spoke at the request of the applicant who asked for a 3rd party review of the landscape plan as proposed.
Mr. McGuirk noted that the majority of trees that will be removed are high waterusage trees. The majority of the other plants in the proposed plan are low-waterusage plants. After reviewing the plan, he finds that the landscaping is appropriate.
12. Cory Arrison, a tenant who runs a local ecommerce business, spoke in favor of the project due to the storage.
13. Mercedes Molloy, a resident of Bethany Drive and business owner, spoke in opposition to the project due to the lack of communication and outreach to the residents and because it is a health and safety concern to the children in the area.
14. Matt Hoey, resident of Tabor Drive, spoke in opposition to the project due to the land use change to light industrial. He is concerned that this will set a precedent for future projects.
15. Melinda Molloy, a resident of Bethany Drive, spoke about the lack of watering and the droppings from the trees, as well as the cars parked at the office complex.
16. David Alreck, a resident, used four words to describe the project: creative, audacious, incompatible, inappropriate.
17. Mercedes Molloy spoke on behalf of Mark Molloy. Mr. Molloy is worried about the transparency surrounding the hours of operation.
18. Matt, a resident, spoke in favor of the project because it offers an improvement to the current businesses, and they are not adding more offices; additionally, the building will look great.
Written comments, received after publication and prior to the City Council meeting, were received from Allison Kelly (x2), Cory Arrison, David Alreck, Matt Hoey (on behalf of the BDNR group), Marcus Poteete, Ty McConnell, and Eli May (applicant). See attached.
Eli May, the applicant, addressed the land use change, the communication outreach to neighbors, SVUSD's requests, the walkability (addition of a sidewalk on Tabor Drive), and the current landscape management plan. Mr. May’s presentation indicated that 75% of the storage units could be restricted to the business tenants. The Council requested that 100% of the storage units be rented to the business tenants and Mr.
May agreed to this (see Item 3 below).
Mayor Johnson closed the public hearing at 8:17 PM.
The City Council Members reached consensus that they are generally supportive of the project and the change to light industrial use, but there are many issues which must be addressed prior to placing the project on a future agenda for potential approval. The Council gave direction to staff to work with the applicant on the following items.
City Council Meeting Minutes
Date: October 2, 2024
ALTERATIONS TO REGULAR AGENDA
REGULAR AGENDA
1. There must be significant collaborative outreach to the neighbors, including face-to-face opportunities to discuss the project with the neighbors and address their concerns.
2. A deed restriction will be necessary to restrict the use of the light industrial designation to only the mini-storage units. The purpose of the deed restriction is to bind current and future owners to maintaining only office units and ministorage, with no other light industrial use allowed in perpetuity.
3. All the storage units (100%) will be rented to the tenants of the offices, with no outside individuals or businesses allowed to rent solely the mini-storage units.
4. Parking and allowances for large delivery trucks will be researched to ensure that the project complies so that no variances or exceptions will be needed.
5. The trash enclosure will be moved to a safe and accessible location, away from the nearby residences, so it does not impede the flow of vehicles in and out of the parking spaces.
6. Lighting concerns will be resolved.
7. The proposed gate and queuing of traffic to access the "drive lane" will be studied to ensure safety and a smooth flow of traffic on Tabor Drive, with an emphasis on pedestrian and cycling safety.
8. The Scotts Valley Unified School District's issues will be addressed, including all items in the District's letter as well as containing the dust and noise during demolition and construction so that they do not impact the students and staff at Vine Hill Elementary School.
9. There will be an agreement for neighbors to utilize the parking in the evenings and on weekends.
The applicant, Eli May, requested that the project be tentatively approved this evening and the final approval documents be presented to the Council in one month. Mayor Johnson respectfully denied this request.
City Manager LaGoe announced that the Closed Session item published on this agenda is cancelled.
M/S: Timm/Lind
To approve the Regular Agenda with the alteration to the cancellation of the closed session item.
Carried 5/0 (AYES: Johnson, Timm, Dilles, Lind, Timms)
1. Future Council Agenda Items
None.
Closed session cancelled.
CONVENE TO CLOSED SESSION
City Council Meeting Minutes
Date: October 2, 2024
RECONVENE TO OPEN SESSION
REPORT ON ACTION TAKEN DURING CLOSED SESSION
ADJOURNMENT
1. Conference with legal counsel regarding potential litigation Legal Authority: Government Code Section 54956.9
Number of Cases: 1 case
Staff Present: City Manager, City Attorney, Administrative Services Director, Labor Counsel
Closed session cancelled.
Closed session cancelled.
The meeting adjourned at 9:11 PM.
Attest:
Cathie Simonovich, City Clerk
Approved:
Randy Johnson, Mayor
CLOSED SESSION SUBJECT(S)
apadatecr2 City of Scotts Valley along 10/07/2024 09:13 Page 1 A/P Check Register Checks from 09/28/2024 to 10/07/2024
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type Cash Account: 999-10100-000-000-000000
132643 10/07/24 ACC BUSINESS 1,830.64 O Payment Manager 132644 10/07/24 ACE PORTABLE SERVICES 804.13 O Payment Manager132645 10/07/24 ALHAMBRA 434.64 O Regular132646 10/07/24 AMAZON CAPITAL SERVICES 117.52 O Regular132647 10/07/24 AT&T 1,575.60 O Regular132648 10/07/24 AT&T 166.75 O Regular132649 10/07/24 AT&T 56.41 O Regular132650 10/07/24 BAKER TILLY US, LLP 700.00 O Regular132651 10/07/24 BAY TREE, LLC 3,620.38 O Regular132652 10/07/24 BRIGHTVIEW LANDSCAPE 4,166.50 O Regular132653 10/07/24 CITY OF SANTA CRUZ 213.91 O Regular132654 10/07/24 COMCAST 388.92 O Payment Manager132655 10/07/24 COUNTY OF SANTA CRUZ 5,000.00 O Regular132656 10/07/24 DAT Q. NGUYEN 176.55 O Regular132657 10/07/24 DEPT OF JUSTICE 64.00 O Regular132658 10/07/24 DIXON & SON TIRE 832.67 O Regular132659 10/07/24 DUNCAN AUTO TECH 2,661.39 O Regular132660 10/07/24 ENVIRONMENTAL INNOVATIONS 11,248.71 O Regular132661 10/07/24 FEDERAL EXPRESS 36.54 O Regular132662 10/07/24 HINDERLITER, DE LLAMAS & ASSOC 12,500.00 O Regular132663 10/07/24 JESSE PIDCOCK 90.00 O Regular132664 10/07/24 LLOYDS TIRE SERVICE INC. 209.50 O Regular 132665 10/07/24 MEREDITH ROBERTS 1,000.00 O Regular132666 10/07/24 PACE ANALYTICAL SERVICES, LLC 436.00 O Regular132667 10/07/24 PACIFIC FLOW SWIM SCHOOL LLC 300.00 O Regular132668 10/07/24 PALACE BUSINESS SOLUTIONS 240.72 O Regular132669 10/07/24 PASCALE DROZEK 345.00 O Regular132670 10/07/24 PHILLIP D NEUMAN 25,440.99 O Regular132671 10/07/24 PRESS BANNER 263.95 O Regular132672 10/07/24 PRODESSE PROPERTY GROUP 3,523.52 O Regular132673 10/07/24 PURE VALLEY WATER, INC 281.17 O Regular132674 10/07/24 ROD MARKELL 1,974.00 O Regular132675 10/07/24 ROSS RECREATION EQUIPMENT INC. 13,421.02 O Regular132676 10/07/24 SANTA CRUZ SENTINEL 200.00 O Payment Manager132677 10/07/24 SCARBOROUGH LUMBER 106.81 O Regular132678 10/07/24 SCOTT GARNER 316.00 O Regular132679 10/07/24 STATE WATER RESOURCES CONTROL 169.00 O Regular132680 10/07/24 STEVE WALPOLE 316.00 O Regular132681 10/07/24 SUMMIT UNIFORMS 21.88 O Regular132682 10/07/24 WAGE WORKS 125.00 O Regular132683 10/07/24 WEX BANK 7,187.17 O Regular
apadatecr2 City of Scotts Valley along 10/07/2024 09:13 Page 2 A/P Check Register Checks from 09/28/2024 to 10/07/2024
37 Checks total: 99,339.30
0 ACH total:0 EFTPS total:0 Wire transfer total:4 Payment Manager total: 3,223.69 41 GRAND TOTALS 102,562.99
apadatecr2 City of Scotts Valley along 10/10/2024 15:16 Page 1 A/P Check Register Checks from 10/08/2024 to 10/10/2024
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type Cash Account: 999-10100-000-000-000000
132684 10/10/24 ACCO ENGINEERED SYSTEMS 1,950.00 O Regular 132685 10/10/24 AMAZON CAPITAL SERVICES 702.75 O Regular132686 10/10/24 CAL-WEST LIGHTING & SIGNAL INC 1,339.10 O Regular132687 10/10/24 CRYSTAL SPRINGS WATER CO 42.25 O Regular132688 10/10/24 DAWN BANKS 84.00 O Regular132689 10/10/24 GLADWELL GOVERNMENTAL SVCS INC 400.00 O Regular132690 10/10/24 GOLDEN STATE REPROGRAPHICS 201.88 O Regular132691 10/10/24 GRAINGER 742.10 O Regular132692 10/10/24 IDEXX LABORATORIES, INC. 1,400.58 O Payment Manager132693 10/10/24 INTERSTATE SALES 601.78 O Regular132694 10/10/24 J. JOHNSON & COMPANY INC. 39,010.00 O Regular132695 10/10/24 K & D LANDSCAPING, INC. 2,174.00 O Regular132696 10/10/24 KOFFLER ELECTRICAL MECHANICAL 8,155.30 O Payment Manager132697 10/10/24 MARY LOUISE DEFALCO 7.00 O Regular132698 10/10/24 MISSION UNIFORM SERVICE 1,541.86 O Payment Manager132699 10/10/24 NATIONAL COMTEL NETWORK INC. 20.14 O Regular132700 10/10/24 OREILLY AUTOMOTIVE,INC 68.00 O Regular 132701 10/10/24 PACE ANALYTICAL SERVICES, LLC 436.00 O Regular132702 10/10/24 PACIFIC GAS & ELECTRIC CO 70,209.13 O Regular132703 10/10/24 PALACE BUSINESS SOLUTIONS 260.23 O Regular132704 10/10/24 PETERSON POWER SYSTEMS, INC. 2,350.00 O Regular132705 10/10/24 PHILLIP D NEUMAN 1,861.88 O Regular132706 10/10/24 PLACEWORKS, INC. 8,243.55 O Regular132707 10/10/24 ROSS RECREATION EQUIPMENT INC. 537.07 O Regular132708 10/10/24 SAN LORENZO VALLEY WATER DISTR 407.06 O Regular132709 10/10/24 SCARBOROUGH LUMBER 753.45 O Regular132710 10/10/24 SCOTTS VALLEY SPRINKLER 242.16 O Regular132711 10/10/24 SHARRON BARTH 37.00 O Regular132712 10/10/24 SUMMIT UNIFORMS 13.13 O Regular132713 10/10/24 SYCAL ENGINEERING INC 28,216.03 O Regular132714 10/10/24 TAMARA CUCCHIARA-SITKA 12.00 O Regular132715 10/10/24 THE PIED PIPER INC. 68.50 O Payment Manager132716 10/10/24 THOMSON REUTERS-WEST 396.48 O Payment Manager132717 10/10/24 TORO PETROLEUM CORP 6,018.33 O Regular132718 10/10/24 WBA CONSULTING 7,400.00 O Regular
apadatecr2 City of Scotts Valley along 10/10/2024 15:16 Page 2 A/P Check Register Checks from 10/08/2024 to 10/10/2024
30 Checks total: 174,340.02
0 ACH total:0 EFTPS total:0 Wire transfer total:5 Payment Manager total: 11,562.72 35 GRAND TOTALS 185,902.74
apadatecr2 City of Scotts Valley llambert 11/01/2024 10:00 Page 1 A/P Check Register Checks from 10/11/2024 to 11/01/2024
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type Cash Account: 999-10100-000-000-000000
132719 10/18/24 ACE PORTABLE SERVICES 969.74 O Payment Manager 132720 10/18/24 AMAZON CAPITAL SERVICES 343.91 O Regular132721 10/18/24 ANDERSON PACIFIC ENG INC. 21,698.04 O Regular132722 10/18/24 AT&T 96.34 O Regular132723 10/18/24 AT&T 1,713.98 O Regular132724 10/18/24 AT&T MOBILITY 1,510.79 O Regular132725 10/18/24 BELLOWS PLUMBING HEATING & AIR 22,715.00 O Regular132726 10/18/24 BENJAMIN NOBLE 12,787.50 O Regular132728 10/18/24 BRINKS AWARDS & SIGNS 54.87 O Regular 132729 10/18/24 CALIFORNIA COAST UNIFORM CO 15.00 O Regular132730 10/18/24 CENTRAL COAST SYSTEMS 10,500.00 O Regular132731 10/18/24 COMCAST 609.38 O Payment Manager132732 10/18/24 COMCAST 1,050.55 O Payment Manager132733 10/18/24 COMPUTERSMITHS LLC 30.00 O Regular132734 10/18/24 COUNTY OF SANTA CRUZ 32,276.02 O Regular132735 10/18/24 CSG CONSULTANTS, INC 37,111.00 O Regular132736 10/18/24 CUSHMAN CONTRACTING CORPORATIO 37,050.00 O Regular132737 10/18/24 DU-ALL SAFETY, LLC 2,100.00 O Payment Manager132738 10/18/24 DYNAMIC PRESS 508.15 O Regular132739 10/18/24 ENVIRONMENTAL INNOVATIONS 14,557.24 O Regular132740 10/18/24 FEDERAL EXPRESS 161.54 O Regular132741 10/18/24 FIRST ALARM 305.19 O Regular132742 10/18/24 FREDDY AVALOS-SANTOS 186.10 O Regular132743 10/18/24 GOOD CITY COMPANY 5,241.45 O Regular132744 10/18/24 GRAINGER 209.84 O Regular132745 10/18/24 INTERWEST CONSULTING GROUP 3,217.50 O Regular132746 10/18/24 JEFF KUEHN, INC 1,060.09 O Regular132747 10/18/24 KIMLEY-HORN & ASSOCIATES INC 20,522.53 O Regular132748 10/18/24 M-GROUP 15,400.00 O Regular132749 10/18/24 MID VALLEY SUPPLY 1,274.75 O Payment Manager132750 10/18/24 NBS GOVERNMENT FINANCE GROUP 4,343.75 O Regular132751 10/18/24 NELSON ALFARO 87.10 O Regular132752 10/18/24 NETFILE, INC. 1,400.00 O Regular132753 10/18/24 OLIN CORPORATION AS SOLE 5,146.24 O Regular132754 10/18/24 PACIFIC GAS & ELECTRIC CO 69.31 O Regular132755 10/18/24 PALACE BUSINESS SOLUTIONS 217.99 O Regular132756 10/18/24 PETTY CASH - LAUREN LAMBERT 200.00 O Regular132757 10/18/24 PHILLIP D NEUMAN 8,002.56 O Regular132758 10/18/24 POLLY CATICCI 400.00 O Regular132759 10/18/24 ROSS RECREATION EQUIPMENT INC. 84,236.39 O Regular132760 10/18/24 S V CHAMBER OF COMMERCE 25,000.00 O Regular132761 10/18/24 S.V. WATER DISTRICT - BULK 20.97 O Regular132762 10/18/24 SANTA CRUZ COUNTY 41,903.70 O Regular132763 10/18/24 SCARBOROUGH LUMBER 281.04 O Regular
apadatecr2 City of Scotts Valley llambert 11/01/2024 10:00 Page 2 A/P Check Register Checks from 10/11/2024 to 11/01/2024
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type132764 10/18/24 SCOTTS VALLEY SPRINKLER 198.02 O Regular132765 10/18/24 STANDARD INSURANCE COMPANY 1,023.10 O Regular132766 10/18/24 STERICYCLE INC 287.04 O Regular132767 10/18/24 SUMMIT UNIFORMS 2,978.29 O Regular132768 10/18/24 TECHNICON ENGINEERING SERVICES 1,051.00 O Regular132769 10/18/24 THE PIED PIPER INC. 150.00 O Payment Manager132770 10/18/24 U.S. BANCORP OFFICE 1,404.37 O Regular132771 10/18/24 URBAN FIELD STUDIO OAKLAND 6,311.35 O Regular132772 10/18/24 VERIZON WIRELESS 178.60 O Regular132773 10/18/24 YESHE JACKSON FINE ART 800.00 O Regular132774 10/25/24 ALVAREZ IND INC CLEAN BLDG 816.00 O Regular132775 10/25/24 APGN INC 838.81 O Regular132776 10/25/24 BOWMAN & WILLIAMS 8,128.75 O Regular132777 10/25/24 BRASS KEY LOCKSMITH 1,151.39 O Regular132778 10/25/24 CARMEL AREA WASTEWATER DIST 6,311.00 O Regular132779 10/25/24 COMCAST 434.22 O Payment Manager132780 10/25/24 CSG CONSULTANTS, INC 1,892.00 O Regular132781 10/25/24 CUMMING MANGEMENT GROUP, INC 2,250.00 O Regular132782 10/25/24 EWING IRRIGATION PRODUCTS 1,219.04 O Payment Manager132783 10/25/24 GOLDEN STATE REPROGRAPHICS 570.38 O Regular132784 10/25/24 GOLDFARB LIPMAN ATTORNEYS 2,390.00 O Regular132785 10/25/24 HOSE SHOP 26.10 O Regular132786 10/25/24 HOUSEKEYS, INC. 18,750.00 O Regular132787 10/25/24 ICMA 1,200.00 O Regular132788 10/25/24 JESSE PIDCOCK 200.00 O Regular 132789 10/25/24 Jim Melehan 1,085.00 O Regular132790 10/25/24 JOANNA HAROS 128.78 O Regular132791 10/25/24 LOGAN & POWELL, LLP 17,012.13 O Regular132792 10/25/24 M-GROUP 16,931.25 O Regular132793 10/25/24 MCCAIN INC. 7,467.00 O Regular132794 10/25/24 MONTEREY REGIONAL 7,418.40 O Payment Manager132795 10/25/24 NELSON ALFARO 315.00 O Regular132796 10/25/24 PALACE BUSINESS SOLUTIONS 564.77 O Regular132797 10/25/24 PETERSON POWER SYSTEMS, INC. 387.50 O Regular132798 10/25/24 SANTA CRUZ CNTY TAX COLLECTOR 590.50 O Regular132799 10/25/24 SANTA CRUZ CO ENVIRONMENTAL 852.00 O Regular132800 10/25/24 SCARBOROUGH LUMBER 434.43 O Regular132801 10/25/24 SCOTTS VALLEY SPRINKLER 77.89 O Regular132802 10/25/24 SYCAL ENGINEERING INC 4,495.62 O Regular132803 10/25/24 TYLER HEBARD 65.69 O Regular132804 10/25/24 U.S. BANK CORPORATE 17,909.90 O Regular132805 10/25/24 WATSONVILLE DIESEL 5,990.86 O Payment Manager132806 11/01/24 ACCENT CLEAN & SWEEP INC 2,739.00 O Regular132807 11/01/24 ACE PORTABLE SERVICES 3,000.96 O Payment Manager132808 11/01/24 ADAMSON POLICE PRODUCTS 365.96 O Regular
apadatecr2 City of Scotts Valley llambert 11/01/2024 10:00 Page 3 A/P Check Register Checks from 10/11/2024 to 11/01/2024
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type132809 11/01/24 AFLAC-FLEX ONE 411.86 O Regular132810 11/01/24 ALHAMBRA 344.72 O Regular132811 11/01/24 ALLIANT 1,358.00 O Regular132812 11/01/24 ALVAREZ IND INC CLEAN BLDG 256.00 O Regular132813 11/01/24 AT&T 452.96 O Regular132814 11/01/24 BATTERIES + BULBS #314 63.30 O Regular132815 11/01/24 BAY TREE, LLC 3,620.38 O Regular132816 11/01/24 BRIGHTVIEW LANDSCAPE 4,166.50 O Regular132817 11/01/24 BRINKS AWARDS & SIGNS 27.44 O Regular 132818 11/01/24 CALIFORNIA BUILDING 263.00 O Regular132819 11/01/24 CATHIE SIMONOVICH 17.96 O Regular132820 11/01/24 CENTRAL HOME SUPPLY 379.81 O Regular132821 11/01/24 CITY OF SANTA CRUZ 743.48 O Regular132822 11/01/24 DEPT OF CONSERVATION 899.58 O Regular132823 11/01/24 DUNCAN AUTO TECH 1,194.53 O Payment Manager132824 11/01/24 ENTERPRISE FM TRUST 14,554.74 O Regular132825 11/01/24 ERNIES AUTO CENTER 141.24 O Regular 132826 11/01/24 FEDERAL EXPRESS 246.89 O Regular132827 11/01/24 FRANK A. OLSEN CO 3,421.69 O Regular132828 11/01/24 GRAINGER 192.73 O Regular132829 11/01/24 HERWIT ENGINEERING 7,217.50 O Regular132830 11/01/24 J. JOHNSON & COMPANY INC. 62,924.00 O Regular132831 11/01/24 JESSE PIDCOCK 1,000.00 O Regular132832 11/01/24 K & D LANDSCAPING, INC. 1,736.00 O Regular132833 11/01/24 LINCOLN FINANCIAL GROUP 1,717.66 O Regular132834 11/01/24 LLOYDS TIRE SERVICE INC. 1,266.55 O Regular 132835 11/01/24 MISSION UNIFORM SERVICE 1,029.95 O Payment Manager132836 11/01/24 NORTH CENTRAL LABORATORIES 1,308.03 O Payment Manager132837 11/01/24 OLIN CORPORATION AS SOLE 5,172.87 O Regular132838 11/01/24 OWEN EQUIPMENT SALES 387.02 O Regular132839 11/01/24 PACE ANALYTICAL SERVICES, LLC 3,226.50 O Regular132840 11/01/24 PALACE BUSINESS SOLUTIONS 72.06 O Regular132841 11/01/24 PETTY CASH - LAUREN LAMBERT 30.33 O Regular132842 11/01/24 PHILLIP D NEUMAN 1,953.67 O Regular132843 11/01/24 PHOENIX GROUP 357.63 O Regular132844 11/01/24 PLACEWORKS, INC. 2,124.37 O Regular132845 11/01/24 PRINICPAL LIFE INSURANCE CO 8,490.62 O Regular132846 11/01/24 PRODESSE PROPERTY GROUP 3,523.52 O Regular132847 11/01/24 PURETEC INDUSTRIAL WATER 170.46 O Regular132848 11/01/24 RALEY S 97.81 O Regular
132849 11/01/24 ROD MARKELL 1,974.00 O Regular132850 11/01/24 SAN LORENZO VALLEY WATER DISTR 386.96 O Regular132851 11/01/24 SANTA CRUZ CO ENVIRONMENTAL 972.00 O Regular132852 11/01/24 SCARBOROUGH LUMBER 470.85 O Regular132853 11/01/24 SCOTTS VALLEY SPRINKLER 735.06 O Regular
apadatecr2 City of Scotts Valley llambert 11/01/2024 10:00 Page 4 A/P Check Register Checks from 10/11/2024 to 11/01/2024
Check Check Vendor Name Net Check Check CheckNumber Date Amount Status Type132854 11/01/24 SHAPE INC. 12,633.32 O Regular132855 11/01/24 STERLING WATER TECHNOLOGIES 11,810.06 O Regular132856 11/01/24 SUMMIT UNIFORMS 165.16 O Regular132857 11/01/24 SWEDBERG ELECTRIC INC. 6,104.00 O Regular132858 11/01/24 SYCAL ENGINEERING INC 2,303.64 O Regular132859 11/01/24 TARA SHAMBAUGH 72.00 O Regular132860 11/01/24 THE CARD SHARK INC 2,302.05 O Payment Manager132861 11/01/24 THE PIED PIPER INC. 397.00 O Payment Manager132862 11/01/24 TORO PETROLEUM CORP 6,018.33 O Regular132863 11/01/24 USA BLUE BOOK 470.24 O Payment Manager132864 11/01/24 WAGE WORKS 125.00 O Regular132865 11/01/24 WEX BANK 6,666.15 O Regularapadatecr2 City of Scotts Valley llambert 11/01/2024 10:00 Page 4 A/P Check Register Checks from 10/11/2024 to 11/01/2024
129 Checks total: 724,227.13
0 ACH total:0 EFTPS total:0 Wire transfer total:
17 Payment Manager total: 30,919.70
146 GRAND TOTALS 755,146.83
AGENDA ITEM 3.
DATE: 11/6/2024
City of Scotts Valley
CITY COUNCIL STAFF REPORT
DATE: 11/6/2024
TO: Honorable Mayor and City Council
FROM: Cathie Simonovich, City Clerk
APPROVED: Mali LaGoe, City Manager
SUBJECT: Appointment to the Santa Cruz County Library Financing Authority
SUMMARY OF ISSUE
The Santa Cruz County Library Financing Authority is a Joint Powers Authority formed in 1996 by the County of Santa Cruz and the cities of Santa Cruz, Watsonville, Scotts Valley and Capitola and was established for the purpose of consolidating and providing for equitable financing of library services. The meetings are typically held in January and July.
Both Mayor Randy Johnson and Council Member Jack Dilles will retire from the Scotts Valley City Council in December and the formal committee appointments will not occur until January 15, 2025, thus necessitating an appointment for Scotts Valley to have representation at the January 2025 Library Financing Authority meeting.
FISCAL IMPACT
There is no fiscal impact associated with this committee appointment.
STAFF RECOMMENDATION
Staff recommends appointing Vice Mayor Derek Timm to the Santa Cruz County Library Financing Authority.
TABLE OF CONTENTS
None
AGENDA ITEM 4.
DATE: 11/6/2024
City of Scotts Valley
CITY COUNCIL STAFF REPORT
DATE: 11/6/2024
TO: Honorable Mayor and City Council
FROM: Cathie Simonovich, City Clerk
APPROVED: Mali LaGoe, City Manager
SUBJECT: Appointment to the Santa Cruz County Consolidated Redevelopment Successor Agency Oversight Board
SUMMARY OF ISSUE
The Santa Cruz County Consolidated Redevelopment Successor Agency Oversight Board (Consolidated Oversight Board) was created to oversee the activities of the five redevelopment successor agencies in Santa Cruz County, thereby replacing all other redevelopment successor agency oversight boards effective July 1, 2018. The purpose of the Consolidated Oversight Board is to oversee and direct the Redevelopment Successor Agencies in the process of dissolving the former redevelopment agencies of Santa Cruz County.
Appointment to the Consolidated Oversight Board is made by the City Selection Committee.
This Committee is scheduled to meet on November 4, 2025, and it is expected that the Committee will appoint Council Member Allan Timms to the Consolidated Oversight Board due to the retirement of Council Member Jack Dilles.
FISCAL IMPACT
There is no fiscal impact related to this appointment.
STAFF RECOMMENDATION
Staff recommends appointing Council Member Allan Timms to the Santa Cruz County Consolidated Redevelopment Successor Agency Oversight Board
TABLE OF CONTENTS
None
AGENDA ITEM 5.
DATE: 11/6/2024
City of Scotts Valley
CITY COUNCIL STAFF REPORT
DATE: 11/6/2024
TO: Honorable Mayor and City Council
FROM: Stephanie Hill, Administrative Services Director
APPROVED: Mali LaGoe, City Manager
SUBJECT: Approve a resolution to give authority to add one Emergency Dispatch Clerk
SUMMARY OF ISSUE
The Scotts Valley Police Department, as with other agencies, faces challenges attracting and retaining emergency dispatch clerk ("EDC") personnel. Additionally, there are known staffing shortages in the near future. Unlike other positions, emergency dispatch clerks have strict hiring practices that are not conducive to temporary staffing abilities. An applicant is subject to a comprehensive training program to learn, understand, interpret and apply modern police communications procedures including the Enhanced 9-1-1 System, and local, county, state and federal automated information systems. They are additionally required to obtain their Peace Officer Standards and Training (POST) certifications related to the position. While there are emergency protocols in place for other agencies to help cover unexpected 9-1-1 needs, these are for emergency situations and not meant to be for extended periods of time.
The Department has a current EDC in training, with additional known staff shortages in the current and future months. To be able to maintain the expected level of emergency dispatch response, it is recommended that the Council authorize the City Manager to overfill the EDC classification by one position for no more than the remainder of the current fiscal year budget.
Future fiscal year budgets will require a routine review and approval process from the Council and will have any of these in-process needs factored in.
FISCAL IMPACT
It is anticipated there could be a 0-2 month overlap for an additional EDC position. This would impact the FY24-25 budget by $0 - $20,000. Due to other savings anticipated in the budget, this cost will be absorbed within the current fiscal year budget.
STAFF RECOMMENDATION
It is recommended the City Council adopt Resolution No. 2054, approving the City Manager's authority to overfill one Emergency Dispatch Clerk position for FY 2024-25.
TABLE OF CONTENTS
1. Resolution No. 2054 -EDC Overfill FY24-25
RESOLUTION NO. 2054
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY
APPROVING THE CITY MANAGER AUTHORITY TO OVER HIRE ONE
EMERGENCY DISPATCH CLERK POSITION IN FISCAL YEAR 2024-25 WHEREAS, City staff continue to analyze the organization’s evolving needs; and WHEREAS, staff have identified the need to overfill one Emergency Dispatch Clerk position; and
WHEREAS, staff have identified the need in Fiscal Year 2024-25 to ensure continuity of operations; and
WHEREAS, the current Fiscal Year budget can absorb the estimated cost of $0 - $20,000 to add this additional position due to department savings; and WHEREAS, the City manager has the appointing authority for the City; and WHEREAS, City Council approval is needed to authorize the over hire in the Police Department.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Scotts Valley that the City Manager has the authority to overfill one Emergency Dispatch Clerk position for Fiscal Year 2024-25.
The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Scotts Valley at a meeting held on the 6th day of November 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved:
Randy Johnson, Mayor
Attest:
Cathie Simonovich, City Clerk
AGENDA ITEM 6.
DATE: 11/6/2024
City of Scotts Valley
CITY COUNCIL STAFF REPORT
DATE: 11/6/2024
TO: Honorable Mayor and City Council
FROM: Allison Pfefferkorn, Recreation Division Manager
APPROVED: Mali LaGoe, City Manager
SUBJECT: Approve First Amendment to the Siltanen Family Swim Center Lease
SUMMARY OF ISSUE
On March 6, 2024, the City Council approved the lease agreement with Pacific Flow Swim School to operate and program the Siltanen Family Swim Center. Part of the lease agreement includes the addition of certain trade fixtures to be installed on the premises. Pacific Flow Swim School intends to install an enclosure over the pool which requires financing. In order to permit the financing, changes to the lease must be made.
It is being recommended that additional language be added to Article 7.05 that would require Pacific Flow Swim School to make a deposit prior to adding any trade fixture that would permanently alter the premises. The deposit would be used to repair any damage from removal of fixtures.
Article 7 .06 Trade Fixture Financing is recommended to be added to allow financing of any improvements and to use the deposit for necessary repairs if a trade fixture is repossessed and causes damages to City property.
The City will require a deposit of $3,500 for the pool enclosure. The amount of the deposit may be increased if there are significant cost increases in materials, repairs, labor, or related services that impact the cost of repairs or maintenance for which the Tenant is responsible.
FISCAL IMPACT
In accordance with the terms of the amendment, the City will receive a deposit in the amount of $3,500 which can be used to repair any damage caused by the pool enclosure. The amount of the deposit may also be increased if deemed necessary to cover the anticipated cost of repair.
STAFF RECOMMENDATION
Staff recommends that Council approve the First Amendment to the lease agreement with Pacific Flow Swim School of the Siltanen Family Swim Center.
TABLE OF CONTENTS
1. PacificFlowLeaseAmendment10.31.24
2. Siltanen Pool Lease Final.Amendment1
FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF
SCOTTS VALLEY AND PACIFIC FLOW SWIM SCHOOL
This First Amendment to Lease Agreement Between the City of Scotts Valley and Pacific Flow Swim School (the “Amendment”) is entered into by and between the City of Scotts Valley, a municipal corporation, hereinafter referred to as “Landlord” and Pacific Flow Swim School, hereinafter referred to as “Tenant”.
RECITALS
WHEREAS, On March 6, 2024, the Landlord and Tenant entered into that certain Lease Agreement for Tenant’s operation and use of the Siltanen Family Swim Center (the “Lease”); and
WHEREAS, as part of the Lease, Tenant intends to install improvements on the property which require financing; and
WHEREAS, the parties desire to amend the Lease to enable Tenant to finance the improvements; and
WHEREAS, Section 14 of the said Agreement authorizes the Agreement to be amended, modified, or changed by the parties, provided that modifications or changes are in writing and approved by authorized representatives of the parties.
NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, Landlord and Tenant agree as follows:
AGREEMENT
1. Section 7.04 of the Lease is hereby amended to read as follows:
“7.04 Tenant Improvements. Tenant intends to install improvements to the Premises necessary for operation of the pool. Tenant is responsible for the cost of all improvements to the Premises. Prior to obtaining any permits for the improvements or beginning construction on improvements to the Premises, Tenant shall obtain the prior written approval of the proposed plans from the City Manager. Tenant shall obtain any and all permits required for such improvements and shall comply with all Federal, State and local laws including, but limited to, the Americans with Disabilities Act and Prevailing Wage laws. Tenant shall defend and indemnify the Landlord from any and all claims associated with the improvements and shall ensure that no liens are recorded against the Property except as permitted in Section 7.05 and 7.06 below. Tenant is not entitled to make any improvements to the Premises without the prior written consent of the Landlord.”
2. Section 7.05 of the Lease is hereby amended to read as follows:
“7.05 Trade Fixtures. Tenant may install trade fixtures, display items, machinery or other trade equipment in conformance with the all laws, ordinances, directives, rules or regulations of all applicable public and governmental agencies. Tenant shall not remove any trade fixtures, display items, machinery or other trade equipment from the Premises, without Landlord’s written consent, if the removal of any such item
would cause damage to the Premises which Tenant cannot repair. In the event, Landlord consents to such installation, Landlord may require an initial deposit from Tenant to be used to repair any damage caused by such trade fixtures, display items, machinery or other trade equipment. Landlord reserves the right to request an additional deposit from the Tenant if there is significant cost increases in materials, repairs, labor, or related services that impact the cost of repairs or maintenance for which the Tenant is responsible. The Landlord shall provide the Tenant with written notice of the required additional deposit, detailing the reasons for the adjustment and the specific amount requested. Any adjustments made to the deposit will be subject to the same terms and conditions as the initial deposit regarding its application, refund, or forfeiture. In the absence of Landlord’s written consent to removal and Tenant’s inability or unwillingness to repair any damage caused by the removal, any such item shall be deemed a part of the realty and belong to the Landlord at termination of the Agreement.
3. A new Section 7.06 is hereby added to the Lease to read as follows:
“7.06 Trade Fixture Financing. In the event Landlord consents to the installation of trade fixtures, display items, machinery or other trade equipment in accordance with Section 7.05, Tenant may finance such improvements. If such financing requires a lien, no lien shall be permitted against the Premises or the Property but may be permitted against the improvements themselves. If Tenant defaults on a loan collateralized by fixtures installed on the Premises, the lien holder shall have the right to repossess the fixture. In the event of such repossession, the Tenant or lien holder shall be responsible for repairing any damage caused by the removal. In the case that repairs are not made by Tenant or lien holder, the Landlord may apply the Tenant’s deposit required in Section 7.05 toward the repair costs, with any remaining balance refunded to the Tenant. In the event the deposit is insufficient to repair the damage caused, Tenant shall be solely responsible for paying for the remainder of the cost of repairs. Once the loan has been fully paid and all financial obligations related to the fixture, including the obligation to repair any damage, are satisfied, the Landlord shall refund the remainder of the deposit, if any, to the Tenant.” Except as specifically provided in this Amendment, all terms of the Lease shall remain unchanged, in full force and effect. In the event of a conflict between the terms of the Lease and the Amendment, the terms of the Amendment shall control.
IN WITNESS WHEREOF, this Amendment is executed by the Landlord and by the Tenant on the 6th day of November, 2024, at Scotts Valley, California.
TENANT: LANDLORD:
Pacific Flow Swim School CITY OF SCOTTS VALLEY
Jeff Griffith-Jones Mali LaGoe, City Manager
APPROVED AS TO FORM: ATTEST:
Kirsten M. Powell, City Attorney Cathie Simonovich, City Clerk
LEASE AGREEMENT BETWEEN THE CITY OF SCOTTS VALLEY AND PACIFIC FLOW SWIM SCHOOL
This Lease Agreement (the “Agreement”) is made this 6th day of March 2024, by and between the City of Scotts Valley (“Landlord”) and Pacific Flow Swim School (“Tenant”)
RECITALS
A. The Landlord owns Siltanen Park located at 127 Vine Hill Road, Scotts Valley, California, 95066 (the “Property”).
B. The Siltanen Family Swim Center which consists of a 20’ x 40’ foot pool located within a 2,500 sq ft fenced area and a 100 sq ft office islocated within the Property (the “Premises”).
C. Landlord previously offered swim lessons, pool rentals for parties, recreation swim, water aerobics, adaptive swim, and community events from May through October but due to the pandemic, those services were ceased.
D. Due to staffing shortages, Landlord sought proposalsfrom operatorsto run the Premises.
E . Tenant was selected as the preferred operator of the Premises which will continue to offer recreationalswim programs to the public.
F. Based on the needs of the Tenant and the Landlord, the parties desire to enter into a lease agreement to allow Tenant to utilize the Premises for the purposes of offering swim lessons and other pool activities to the public.
D. Landlord desires to lease the Premises to Tenant and Tenant desires to lease the Premises from Landlord subject to the terms of this Agreement.
NOW, THEREFORE, Landlord and Tenant agree to all the terms and conditions of this Agreement as follows:
ARTICLE 1 - BASIC LEASE PROVISIONS
The following basic terms are applicable to this Agreement. The Sections and Exhibits referenced below in parenthesis explain and define the basic terms specified below and are to be read in conjunction with basic terms herein:
1.01 Commencement of Term. March 7, 2024 (Section 3.01).
1.02 Term. Five (5) years and six (6) month term which expires September 1, 2029, with the option to renew for an additional three (3) yearterm subject to the conditions of Article 3.
1.03 Premises. Siltanen Swim Center which includes a 20’ x 40’ foot pool located within a 2,500 sq ft fenced area, a 100 sq ft office located outside of the fenced area and the use of a shared public bathroom facility.
1.05 Rent. $1000.00 a month with a 3% increase on each October 1st starting in 2025. In the event Tenant and Landlord extend the lease for the additional term, the rent charged for the additional term shall be the rent charged in the last year of the initial term plus a 3% increase. For each year thereafter of the addition term, the rent shall be increased 3% on October 1st each year.
1.06 Use of Premises. Premisesshall be utilized as a family public pool in which safe, high quality and creative aquatic programming shall be delivered. See Article 6 for full description.
ARTICLE 2 - LEASE OF PREMISES
2.01 City of Scotts Valley as Landlord. Tenant acknowledges and understands that Landlord is a public agency consisting of numerous offices, departments, agencies and districts. Whenever a provision contained in this Agreement, or any extension, modification or amendment, requires the written consent of Landlord, such consent must be obtained from the then acting City Manager of the City of Scotts Valley. Tenant may not rely on any statement or representation by any other employee, agent or representative of Landlord in obtaining such consent and any such statement or representation other than the express written consent of the City Managershall be null and void and have no effect. Nothing contained in this Section shall limit in any way the authority of any office, department, or agent of the Landlord from approving or withholding consent to any event or activity regulated by local law.
2.02 Premises. Landlord leases to Tenant and Tenant leases from Landlord the Premises. The Premises shall not include, and the Tenant shall have no rights in, Siltanen Park fields, playground, Gazebo, and Snack Shack building. A diagram of the location of the Premises is attached to this Agreement as Exhibit A.
2.03 Reservations. Landlord reserves the right at any time with 24 hours notice to Tenant to make alterations or additions to the exterior of the Premises, the remainder of the building, the parking lot and the landscaping on the property. Landlord also reserves the right to construct other buildings or improvements on the property and to make alterations or additionsthereto. Easementsfor light and air are not granted in this Agreement. Landlord further reserves the right to enter and access the roof of the Premises or to repair and maintain the roof and to use any space within walls or above the ceiling finish and beneath the floor surface for utility lines and conduits.
2.04 Condition of Premises. Tenant acknowledges that it recognizes the uniqueness of the Premises and accepts them in their current and disclosed condition existing on the effective date of this Agreement, subject to all applicable zoning, municipal, county or state laws, ordinances and regulations affecting the use of the Premises. Tenant acknowledges that it has satisfied itself, by its own independent investigation that the Premises are suitable for its intended use and neither Landlord, nor its agents or representatives have made any representation or warranty as to the present or future suitability of the Premises for the conduct of Tenant's business.
2.05 Staffing.
Tenant will comply with all county,state and federalstaffing laws.
ARTICLE 3 - TERM
3.01 Commencement of Term. The term (the “Term”) ofthis Agreementshall commence on the date specified in Section 1.01 (the “Commencement Date”) and shall continue until the date of termination specified in Section 1.02, unless terminated sooner in accordance with the terms and provisions of this Agreement.
3.02 Option to Extend Term. Tenant shall, provided the Agreement is in full force and effect, and Tenant is not in default under any of the terms and conditions of the Agreement, have the right to extend this Agreement for an additional three (3) year term beginning September 2, 2029 (“Extended Term”), on the same terms and conditions set forth in the Lease subject to the rent adjustment provided in Section 1.05 above, or upon such terms mutually agreeable to Landlord and Tenant.
3.03 Termination. Landlord shall have the right to terminate the Agreement during the Term or the Extended Term upon 60 days written notice. If Landlord so terminates the Lease, Tenant shall vacate the Premises and Tenant shall not have any remaining obligations, including rent, from the date of Termination except for its obligations on leaving the Premises in the condition described in this Lease and any indemnification obligations accruing during the time of occupancy. In addition, the Landlord may terminate the Lease in the event of a Default as defined in Article 11 below.
ARTICLE 4 - RENT
The Rent for the Premises shall be paid as follows:
4.01. Monthly rent shall be payable on the 1st day of each month to the City of Scotts Valley and can be delivered or mailed to 1 Civic Center Drive, Scotts Valley, CA 95066, Attn. Administrative Services Director.
ARTICLE 5 - TAXES AND ASSESSMENTS
5.01 Personal Property Taxes. Tenant shall pay, before delinquency, all federal, state or local taxes, assessments, license fees, and other charges that are levied and assessed against Tenant’s personal property installed or located in or on the building, and that become payable during the term. On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments.
5.02 Possessory Interest Taxes. Tenant shall pay before delinquency all possessory interest taxes, assessments, license fees, and other charges that are levied and assessed against the leasehold interest. “Possessory Interest Tax” means that tax imposed pursuant to laws of the State of California on leaseholds of tax exempt property and does not include taxes on Tenant’s inventory, personal, or any other tax or assessment that is presently or may, in the future be levied. On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence of these payments.
ARTICLE 6 - USE
6.01 Use of Premises. Tenant shall use the Premises solely for the use specified in Section 1.06 herein. No other uses shall be permitted.
6.02 Hours of Operation. All uses on the Premises shall take place between the hours of 7:00am and 9:00pm. Tenant shall not operate nor allow someone to use the Premises in such a way as to cause a nuisance or violate any provisions of local, state or federal law.
6.03 Required Regulatory Compliance. Tenant isresponsible to acquire and retain all permits necessary for compliance with local, state, and federal laws pertaining to operation of an aquatic facility.
6.04 Parking. Tenant may use one parking spot behind the Siltanen Building. All other cars must park in the city-owned lot across Vine Hill School Rd. Prior approval for extra vehicles must be obtained from the Maintenance Manager at least 24 hours in advance.
6.05 Restrooms. Landlord shall ensure Tenant has access to public restrooms during the hours of operation outlined in Section 6.02. Landlord will provide portable restrooms and handwashing stations in the event a restroom requires service or closure as determined by Landlord in its sole discretion.
6.06 Signs and Advertising Matter.
(a) Tenant hasthe right to installsigns at itssole expense on the outside of the Premisessubject to compliance with all applicable laws including, but not limited to, the City’s Municipal Code. Any sign must receive approval from RDM. All signage is subject to the prior written consent of Landlord which shall not be unreasonably withheld and issubject to Tenant obtaining and all permits required for any signs. Except as provided above, Tenant will not place, install, maintain or construct or allow any third party to place, install, maintain or construct any sign, banner, flag, awning or canopy, covering, or advertising matter on any portion of the Premises without Landlord’s prior written consent. Tenant further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or window coverings in good condition and repair at all times. (b) Tenant issolely responsible for all advertisements and marketing efforts of the programs. (c) Recreation Division will reserve space in their activity guide for any promotional material provided by Tenant using up to 2 pages.
(d) Tenant is required to manage its own website and online registration platform.
6.07 Programming.
(a) Tenant isresponsible for operating and scheduling programsto maximize the value of the facility for the Scotts Valley community. All programming and rentals should be offered to Scotts Valley residents at a lower price than non-residents.
(b) Each week of the Term or Extended Term, Tenant isrequired to hold a recreation swim for at least 8 total hours open to the public per week during peak season (June-Aug) including at lease 2 hours on the weekend.
(C) Each week of the Term or Extended Term, Tenant is required to hold a recreation swim for at least 2 total hours open to the public during non peak season (Sept-May) (c) Tenant is required to offer learn to swim classes midweek and at least, but not limited to, one weekend day.
(d) Tenant isrequired to offer private party rentals, at least but not limited to, one weekend day. (e) Tenant and RDM shall meet quarterly to review current program offerings and participation reports to ensure compliance with 6.07 Programming requirements.
ARTICLE 7 - MAINTENANCE AND REPAIRS
7.01 Landlord’s Maintenance Obligations.
(a) Landlord, on behalf of Tenant, shall maintain in good condition and repair the foundations, buildings, pool structural components, fencing and gates; provided, however, if any repairs or replacements are necessitated by the negligence, gross negligence or willful acts of Tenant, its officers, employees, representatives, agents, customers, invitees or trespassers or by reason of Tenant’s failure to observe or perform any provisions contained in this Agreement or caused by alterations, additions or improvements made by Tenant or its officers, employees, representatives, agents, contractors, subcontractors, laborers or materialmen, the cost of such repairs and replacements shall be the sole obligation of Tenant.
(c) Unless Tenant notifies Landlord in writing of the need for repairs under subsection (a), Landlord shall not be liable for its failure to make such repairs. Once Tenant notifies Landlord of the need of such repairs undersubsection (a), Landlord shall be entitled to a reasonable period of time to affect such repairs upon receipt of said written notice from Tenant. Tenant waives any right of offset against any rent due hereunder and agrees not to assert as an affirmative defense in any judicial proceeding or arbitration brought by Landlord against Tenant on claims made under this Agreement the provisions of Sections 1941 and 1942 of the California Civil Code, or any superseding statute, and of any other law permitting Tenant to make repairs at Landlord’s expense.
7.02 Landlord’s Right of Entry. Landlord, its agents, contractors, employees and assigns may enter the Premises at all reasonable times to: (a) examine the Premises; (b) perform any obligation of, or exercise any right or remedy of, Landlord under this Agreement (c) make repairs, alterations, improvements or additions to the Premises, the Building or to other portions of the Property as Landlord deems necessary in accordance with Section 6.07; (d) perform work necessary to comply with laws, ordinances, rules or regulations of any public authority or of any insurance underwriter; (e) show prospective tenants the Premises during the last six (6) months of the Term; and (f) perform work that Landlord deems necessary to prevent waste or deterioration in connection with the Premises should Tenant fail to commence to make, and diligently pursue to completion, in a reasonable time as defined by Landlord, Tenant’s required repairs after written demand therefore by Landlord. Landlord will give a minimum of twenty-four (24) hours advance notice of such entry when practicable.
7.03 Tenant’s Maintenance Obligations.
(a) Except as provided elsewhere in this Agreement, Tenant, at its sole cost and expense, shall keep the Premises in good order, condition and repair and shall make all replacements necessary to keep the Premises in such condition, including ongoing maintenance and repair of mechanical systems pertaining to the operation, treatment, and heating of the pool. If a new system is installed by the Tenant, Tenant shall be solely responsible for all repairs to and maintenance of the new equipment. Tenant must keep adequate records of all maintenance and repairs for the duration of their lease. Tenant shall furnish copies of maintenance records to Landlord on a quarterly basis. (b) In the event Tenant replaces any equipment, all replacement equipment shall be of a quality equal to or exceeding that of the original equipment or improvements. Should Tenant fail to make
repairs and replacements or otherwise maintain the Premises for a period of fifteen (15) days after delivery of a written demand by Landlord, or should Tenant commence, but fail to complete, any repairs or replacements within a reasonable time after written demand by Landlord, Landlord shall have the right to make such repairs or replacements without liability to Tenant for any loss or damage that may occur to Tenant’s stock or business, and Tenant shall pay for all costs incurred by Landlord in making such repairs or replacements, together with interest thereon at the maximum rate permitted by law from the date of commencement of the work through the date of payment.
Tenant shall, at its sole expense, repair promptly any damage to the Premises or the Property caused by Tenant, its agents, employees, customers, invitees,subtenants, assignees or concessionaires, or caused by the installation orremoval of Tenant’s personal property. (c) Tenant shall, at its own expense, comply with all requirements of the Landlord’s insurance underwriters and any other governmental authority having jurisdiction thereof, regarding the installation and periodic maintenance of fire suppression systems or apparatus or other safety measures required for the use of the Premises.
(d) Tenant is responsible for maintaining the entry area and sidewalk in front of the Premises including removing any trash or debris. Tenant may not install or place, permanently or temporarily, any outside fixtures, signage or other objects that interfere with the ADA path of travel on the sidewalk or parking lot adjacent to the Premise.
(e) If Tenant chooses to use the following existing equipment located at the pool, the Tenant holds all responsibility for the upkeep and replacement of items during the duration of the lease. In the event of termination or the end of the lease agreement, Tenant will replace or be charged replacement costs if items are found to be left in a condition beyond normal wear and tear. • Guard chair and umbrella
• 2 round tables and 16 chairs
• 3 umbrellas and stands
• Backboard with neck stabilizer and straps
• AED
• Life ring
• Rescue hook
• Desk and chair
• Office Shelf
7.04 Tenant Improvements. Tenant intends to install improvements to the Premises necessary for operation of the pool. Tenant is responsible for the cost of all improvements to the Premises. Prior to obtaining any permits for the improvements or beginning construction on improvements to the Premises, Tenant shall obtain the prior written approval of the proposed plans from the City Manager. Tenant shall obtain any and all permits required for such improvements and shall comply with all Federal, State and local laws including, but limited to, the Americans with Disabilities Act and Prevailing Wage laws. Tenant shall defend and indemnify the Landlord from any and all claims associated with the improvements and shall ensure that no liens are recorded against the Property except as permitted in Section 7.05 and 7.06 below. Tenant is not entitled to make any improvements to the Premises without the prior written consent of the Landlord.
7.05 Trade Fixtures. Tenant may install trade fixtures, display items, machinery or other trade equipment in conformance with the all laws, ordinances, directives, rules or regulations of all applicable public and governmental agencies. Tenant shall not remove any trade fixtures, display items, machinery or other trade equipment from the Premises, without Landlord’s written consent, if the removal of any such item would cause damage to the Premises which Tenant cannot repair.
In the event, Landlord consents to such installation, Landlord may require an initial $3500.00 deposit from Tenant to be used to repair any damage caused by such trade fixtures, display items, machinery or other trade equipment. Landlord reserves the right to request an additional deposit from the Tenant if there is significant cost increases in materials, repairs, labor, or related services that impact the cost of repairs or maintenance for which the Tenant is responsible. The Landlord shall provide the Tenant with written notice of the required additional deposit, detailing the reasons for the adjustment and the specific amount requested. Any adjustments made to the deposit will be subject to the same terms and conditions as the initial deposit regarding its application, refund, or forfeiture. In the absence of Landlord’s written consent to removal and Tenant’s inability or unwillingness to repair any damage caused by the removal, any such item shall be deemed a part of the realty and belong to the Landlord at termination of the Agreement.
7.06 Trade Fixture Financing. In the event Landlord consents to the installation of trade fixtures, display items, machinery or other trade equipment in accordance with Section 7.05, Tenant may finance such improvements. If such financing requires a lien, no lien shall be permitted against the Premises or the Property but may be permitted against the improvements themselves. If Tenant defaults on a loan collateralized by fixtures installed on the Premises, the lien holder shall have the right to repossess the fixture. In the event of such repossession, the Tenant or lien holder shall be responsible for repairing any damage caused by the removal. In the case that repairs are not made by Tenant or lien holder, the Landlord may apply the Tenant’s deposit required in Section 7.05 toward the repair costs, with any remaining balance refunded to the Tenant. In the event the deposit is insufficient to repair the damage caused, Tenant shall be solely responsible for paying for the remainder of the cost of repairs. Once the loan has been fully paid and all financial obligations related to the fixture, including the obligation to repair any damage, are satisfied, the Landlord shall refund the remainder of the deposit, if any, to the Tenant.
7.07 Restoration. Except as otherwise provided herein and specifically as required in Section 3.03, Tenant shall return the Premises to the same condition as existed as of the Commencement Date of the Agreement, reasonable wear and tear excepted. Landlord, through Landlord’s sole discretion and authority, and upon receipt of written request from Tenant, may consider allowing any Tenant Improvements approved by Landlord under this Agreement to remain. Landlord, at its election, may also require Tenant to remove, at Tenant’s sole cost, any improvements, alterations or additions approved by Landlord in accordance with this Agreement. Tenant shall repair, at its sole cost, any damage resulting from the removal of any alterations, improvements, additions, equipment, machinery or trade fixtures.
Upon the termination of this Lease, the Landlord shall have the ability to continue operating the Premises as a pool with use of Tenant’s improvements and equipment. As such, Tenant shall notify Landlord of its intent to either cease operations entirely or move its business to another venue within 45 days prior to the Lease termination. If the Tenant intends to move, it must remove equipment from the Premise upon termination of the Lease unless agreed to otherwise by the parties. If the Tenant intends to cease operations, Landlord shall have the right, but not the obligation, to acquire any improvements or equipment the Tenant then owns and were used to run the pool.
ARTICLE 8- UTILITIES
8.01 Separate Charges. Tenant shall pay for gas, and wifi. Tenant shall reimburse the Landlord for the water bill during the months that the pool is refilled due to maintenance. Collection of payments will be issued through invoice from the City Finance Department.
8.02 Interruption. Unless due to Landlord’s gross negligence or misconduct, Landlord shall not be liable for any failure or interruption of any utility service being furnished to the Premises, and no such failure or interruption shall entitle Tenant to terminate this Agreement.
8.03 Maintenance of Surrounding Structures and Grounds. Landlord shall maintain in good order the surrounding structures and grounds, including, but not limited to, landscaped areas, dumpsters, parking lots, restrooms, access, pathways, and other public areas.
ARTICLE 9- INDEMNIFICATION AND INSURANCE
9.01 Indemnification. Landlord shall not be liable to Tenant for any damage to Tenant, Tenant’s employees, agents, customers or invitees or their property from any cause which is not the result of Landlord’s gross negligence. Tenant, as a material part of the consideration for this Agreement, hereby expressly waives and releases all claims against Landlord, its officers, employees, elected officials, representatives and agents, for any injury or damage to any person or property on or about the Premises arising for any reason other than Landlord’s gross negligence. Tenant agrees to indemnify, release, defend and hold harmless Landlord, its officers, employees, elected officials, representatives and agents from any loss, claim, cost, expense or liability for any injury or damage to person or property, occurring in, on or about the Premises, arising for any reason, including without limitation the condition or use of the Premises or the improvements or personal property located therein and against any loss, claim, cost, expense or liability for injury to the person or property of Tenant, its employees, agents, customers or invitees or trespassers and except as to any such damage is caused by the gross negligence of Landlord. Notwithstanding the foregoing, Tenant’s obligations under this Section 9.01 shall not extend to claims, costs, expenses, losses or liability resulting from Landlord’s failure to comply with its maintenance and repair obligations under Sections 7.01(a) of this Agreement.
9.02 Insurance Requirements. Tenant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant’s operation, use and improvement of the Premises. The cost of such insurance shall be borne by the Tenant.
Coverage shall be at least as broad as:
(a) Commercial General Liability. (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
(b) Workers’ Compensation. insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.
(c) Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or
molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. (d) Property insurance. against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. (e) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (f) If the Tenant maintains broader coverage and/or higher limitsthan the minimumsshown above, the Landlord requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Landlord.
9.03 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insured Status. The City of Scotts Valley, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Tenant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Tenant’s insurance (at least as broad as ISO Form CG 20 10).
(b) Primary Coverage. For any claims related to this contract, the Tenant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Scotts Valley, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Tenant’s insurance and shall not contribute with it.
(c) Legal Liability Coverage. The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the leased property.
(d) Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Landlord.
(e) Waiver of Subrogation. Tenant and Landlord each waive its right of recovery against the other, and each party’s successors, assigns, directors, agents and representatives in connection with any loss or damage caused to property belonging to the Tenant or Landlord which is covered by any insurance policy of either the Tenant or Landlord in force at the time of any such loss or damage.
Tenant and Landlord hereby waive, on behalf of each party’s insurance carriers, any right of subrogation it may have against the other party and each shall notify its carriers of the waiver contained herein.
(f) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A: VII, (g) Verification of Coverage. Tenant shall furnish the Landlord with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Landlord before occupying
the premises. However, failure to obtain the required documents prior to the work beginning shall not waive the Tenant’s obligation to provide them. The Landlord reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
(h) Increase in Coverage. Landlord may increase or decrease the amount of commercial general liability insurance required herein, based upon a general review by Landlord of the standard insurance requirements effective July 1st of any year, provided notice of the increase is given to Tenant no later than February 1st of that same year. Such changes in coverage shall be commercially reasonable at the determination of Landlord. Changes in insurance amounts shall occur not more frequently than every two years. Landlord will notify Tenant of any changes under this provision of this Agreement.
(i) No use shall be made or permitted to be made of the Premises, nor acts done, which will increase the existing rate of insurance upon the Premises, or cause a cancellation of any insurance policy covering the Premises or any part thereof. Tenant shall, at its sole cost, comply with any and all requirements regarding the use of the Premises by any company that issues a policy of fire, casualty or public liability insurance to the Landlord. If Tenant’s use of the Premises results in a rate increase for the Premises, Tenant shall pay as additional rent within ten (10) days written notice, a sum equal to the additional premium caused by such rate increase.
9.03 Tenant’s Failure to Maintain Insurance. Tenant agrees that if Tenant does not maintain any insurance policy required under this Agreement or fails to pay any premiums when due, Landlord may, require that the Premises be immediately closed for business pending reinstatement of insurance by Tenant, or obtain the necessary insurance and pay the premium, and the repayment thereof shall be deemed to be additional rent due by the Tenant and payable on the next date upon which a payment of rent is due.
9.04 Waiver of Loss and Damage. Landlord shall not be liable for any damage to inventory or other property of Tenant, or others, located in, on or about the Premises, nor for the loss of or damage to any property of Tenant or of others by theft or otherwise, which is not the direct result of Landlord’s negligence, and Tenant waives any claim against Landlord with respect to such property. Landlord shall not be liable to Tenant, Tenant’s employees or representatives for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Premises or from the pipes, appliance or plumbing works or from the roof, street or subsurface or from any other places or by any other cause of whatsoever nature, which is not the direct result of Landlord’s gross negligence. Landlord shall not be liable to Tenant, Tenant’s employees, clients or representatives for any such damage caused by other tenants or persons in the Premises, or the public, or caused by operations in construction of any private, public or quasi-public work. All property of Tenant kept or stored on the Premises shall be so kept or stored at the sole risk of Tenant, and Tenant shall hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers, unless such damage shall be caused by the willful act or gross neglect of Landlord.
9.06 Notice by Tenant. Tenant shall give immediate notice to Landlord in case of fire or accidents in or around the Premises or of any damage or defects in the Premises, or any fixtures or equipment therein.
ARTICLE 10 - ASSIGNMENT AND SUBLETTING
The parties acknowledge that this Agreement is a unique relationship between these individual parties. Tenant cannot assign its rights under this Agreement or its rights to the Premises without
the prior written consent of Landlord which may be withheld for any reason or no reason.
ARTICLE 11 - DEFAULT
11.01 Events of Default. In addition to the provisions of Section 3.03, the occurrence of any one of the following events shall constitute an event of default on the part of Tenant ("Default"):
(a) The complete abandonment of the Premises by Tenant; and (b) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder which failure continues for ten (10) days after written notice thereof from Landlord to Tenant, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subsection unless Tenant fails thereafter diligently and continuously to cure such failures; and
(c) The failure of Tenant to maintain all insurance coverage as required in Section 9.02; and Tenant agrees that any notice given by Landlord pursuant to the above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
In the event of any Default by Tenant, then in addition to any otherremedies available to Landlord at law or in equity and under this Agreement, Landlord shall have the immediate option to terminate this Agreement and all rights of Tenant hereunder by giving written notice of such intention to terminate.
11.02 Notice of Default and Opportunity to Cure. Landlord shall give written notice to Tenant of any Event of Default on the part of Tenant. Said notice shall specify the nature of the act, omission, or deficiency giving rise to the Event of Default. In addition, if the Event of Default is curable, and does not give rise to an imminent danger to health or safety, the notice shall also specify the action required to cure the default, and a reasonable date, which shall not be less than thirty (30) calendar days from the mailing of the notice, by which Tenant must take or commence such action to cure. If the notice specifies only a commencement date for the cure, Tenant must commence such cure within the specified time and shall diligently pursue the cure to completion within a reasonable time thereafter.
11.03 Remedies. In the event of any breach by Tenant, Landlord shall be entitled to any rights or remedies available at law.
(a) Efforts Landlord may make to mitigate the damages caused by Tenant’s breach of this Agreement shall not constitute a waiver of Landlord’s right to recover damages against Tenant, nor shall anything contained in this Agreement affect Landlord’s right to indemnification against Tenant for any liability arising prior to the termination of this Agreement for personal injuries or property damage, and Tenant agrees to indemnify and hold Landlord harmless from any injuries and damages, including all reasonable attorney fees and costs incurred by Landlord in defending any action brought against Landlord for any recovery, and in enforcing the terms and provisions of this indemnification against Tenant.
(b) However, the breach of this Agreement by Tenant, or an abandonment of the Premises by Tenant, shall not constitute a termination of this Agreement, nor of Tenant’s right of possession under this Agreement, unless and until Landlord elects to do so, and until that time Landlord shall have the right to recoverrent and all other paymentsto be made by Tenant under this Agreement as they become due; provided, that until Landlord elects to terminate this Agreement and Tenant’s
right of possession under this Agreement, Tenant shall have the right to sublet the Premises or to assign interests in this Agreement, or both, subject only to the written consent of Landlord, which consent shall not be unreasonably withheld.
(c) In the event that Landlord should take any act to maintain or preserve the Premises on Tenant’s behalf, or seek the appointment of a receiver to protect Landlord’s interests under this Agreement, such acts shall not constitute a termination of Tenant’s right of possession unless Tenant receives written notice from Landlord to regarding Landlord’s election to terminate.
ARTICLE 12 - DAMAGE OR DESTRUCTION
12.01 Landlord’s Duty To Repair.
(a) If the Premises are destroyed or materially damaged from a cause not insured against, or if the amount of available insurance proceeds, including deductible costs, is not sufficient to completely repair or restore any such damage or destruction, Landlord shall have the right to terminate this Lease by giving written notice of termination to Tenant within thirty (30) days after the date of the damage or destruction. If the Lease is not terminated, then Landlord shall diligently proceed to repair and restore the Premises to the extent that insurance proceeds, including deductible costs, are sufficient to completely repair or restore any such damage or destruction. (b) If the Premises are materially damaged or destroyed from a cause covered by insurance, and it can be repaired or restored within ninety (90) days after commencement of repair or restoration, then Landlord shall diligently proceed to repair and restore the Premises. If Landlord determines that the Premises cannot be repaired or restored within this period, then Landlord and Tenantshall work out a reasonable time frame for the completion of the repairs or restoration. (c) Except as otherwise provided in this Agreement, damage to or destruction of the Premises shall not terminate this Agreement orresult in the abatement of any rent or other charges payable under this Agreement. Tenant expressly waives any right it may have, in law or equity, to offset any cost incurred by Tenant forrepairs orrestoration to the Premises against Tenant’s obligationsto pay rent in connection with Landlord’s duties of repair and restoration under this Lease. (d) Landlord’s duties of repair and restoration under the provisions of this Lease shall extend only to those portions of the Premises insured under a policy of insurance, and Landlord shall not be responsible for any loss, damage, or destruction to Tenant’s personal property, trade fixtures, merchandise, inventory or equipment.
12.02 Tenant’s Duty to Repair or Replace. Except as otherwise provided herein, Landlord’s obligation to restore shall not include the restoration or replacement of Tenant’s personal property, inventory, trade fixtures, merchandise, or equipment. Tenant shall restore and replace said items in the event that Landlord is obligated or elects to repair any damage or destruction of the Premises.
ARTICLE 13 - ESTOPPEL CERTIFICATES; ATTORNMENT
13.01 Tenant to Furnish Certificate. Tenant shall, within ten (10) business days of written notice from Landlord, execute and deliver to Landlord a written statement certifying that this Agreement is unmodified and in full force and effect or, if modified, stating the nature of such modification.
Tenant’s statement shall include other details requested by Landlord, such as the date to which
rent and other charges are paid and Tenant’s knowledge concerning any uncured defaults in Landlord’s obligations under this Agreement and the nature of such defaults if they are claimed.
Any such statement may be relied upon conclusively by any prospective purchaser or encumbrancer of the Premises. Tenant’s failure to deliver such statements within such time shall be conclusive upon the Tenant that this Agreement is in full force and effect, except as and to the extent any modification has been represented by Landlord, and that there are no uncured defaults in Landlord’s performance.
13.02 Additional Documents. Tenant, upon request of any party in interest, shall execute promptly such instruments and certificates necessary to carry out the intent of the foregoing Sections as shall be requested by Landlord.
ARTICLE 14 - MISCELLANEOUS
14.01 Hazardous or Toxic Materials.
(a) Tenant shall comply, at its expense, with all federal, state and local statutes or regulations concerning environmental conditions, emissions, pollutants and controls concerning Hazardous Materials that Tenant or its contractors, employees, invitees and guests bring, or allow on, the Premises and on the Property on which the Premises are located during the Term. Tenant shall not cause, store, use or permit any Hazardous Material, including without limitation asbestos or polychlorinated biphenyls, to be brought upon, kept or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, without the prior written consent of Landlord, which Landlord shall not unreasonably withhold as long as Tenant demonstrates to Landlord’s reasonable satisfaction that such Hazardous Material is necessary or useful to Tenant’s business, does not violate any requirements of the Landlord’s policies of fire, causality or public liability insurance and will be used, kept and stored in a manner that complies with all laws regulating any such Hazardous Material so brought upon or used or kept in or about the Premises. (b) If Tenant breaches any of its obligation stated herein, or if the presence of Hazardous Material on the Premises caused or permitted by Tenant during the Term results in contamination of the Premises, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgment, damages, penalties, fines, costs, liabilities or losses, including, without limitation, diminution in value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of space on the Property, and sums paid in settlement of claims, attorneys’ fees, consultant fees and expert fees which arise during or after the lease term as a result of such contamination. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by Tenant results in any contamination of the Premises, Tenant shall promptly take all actions at its sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the Premises; provided that Landlord’s approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Premises.
(c) As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomesregulated by any local governmental authority, the State of
California or the United States Government. The term “Hazardous Material” shall include without limitation, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos; (vii) listed under Article 9 or defined as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20; (viii) designated as a “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317); (ix) defined as a “hazardous waste” pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 etseq. (42 U.S.C. § 6903); or (x) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 etseq. (42 U.S.C. § 9601), and any amendments or successor statutes thereto.
(d) Notwithstanding anything herein to the contrary, Tenant shall have no responsibility or liability related to any Hazardous Material which existed priorto the Term of Tenant’s occupancy hereunder, unless brought on or allowed to be brought on by Tenant during one of Tenant’s previous lease tenancies in the Premises.
14.02. Compliance with Governmental Regulations. Tenant shall, at its sole cost and expense, comply with all of the requirements of all local, state and federal authorities now in force, or which may hereafter be in force, pertaining to the Premises. With regard to the use of the Premises, Tenant shall faithfully observe all local ordinances and state and federal statutes now in force or which may hereafter be in force.
14.03 Americans With Disabilities Act. If Tenant makes any improvements to the Premises or installs any fixtures or equipment in the Premises, Tenant acknowledges and expressly accepts full responsibility and shall incur all costs and expenses for compliance with the requirements of the Americans with Disabilities Act (ADA) and any other local, state or federal law or regulation regarding the accessibility of the Premises by disabled individuals for those improvements, fixtures, equipment and use of the Premises. Tenant agrees to release, indemnify, defend and hold Landlord harmless for any claim, loss, expense or liability arising from Tenant’s failure to fully comply with all such laws or regulations.
14.04 Attorneys’ Fees. In the event of any legal action, arbitration or proceeding between the parties, the prevailing party shall be entitled to reasonable attorneys’ fees and expenses as a part of the judgment or award resulting therefrom.
14.05 Transfer, Sale or Lease of the Premises by Landlord. Notwithstanding any provisions of this Agreement, Landlord may assign in whole or in part Landlord’s interest in this Agreement and may sell or transfer all or part of Landlord’s leasehold interest in the real estate of which the Premises
are a part, however, subject to the terms of this Lease. In the event of any transfer, sale or exchange of the Premises by Landlord and assignment by Landlord of this Agreement, Landlord shall be entirely freed and relieved of all liability under all covenants and obligations contained in or derived from this Agreement or arising out of any act, occurrence or omission relating to the Premises which occurs after the consummation of such sale, exchange or assignment except as provided in the Pass Through Agreement and all amendments thereto.
14.06 Liability to Successors. The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto who shall be jointly and severally liable for the covenants contained herein.
14.07 Interpretation. Whenever the singular number is used in this Agreement, the same shall include the plural. Reference to any gender shall include the masculine, feminine and neuter genders, and the word “person” shall include corporation, firm or association, when required by the content.
The headings or titles to the paragraphs of this Agreement are for convenience only and do not in any way define, limit or construe the contents of such paragraphs. This instrument contains all of the agreements and conditions made between the parties with respect to the hiring of the Premises and may not be modified orally or in any manner except by a written instrument signed by all the parties to this Agreement.
The laws of the State of California shall govern the validity, performance and enforcement of this Agreement. If any provision of this Agreement is determined to be void by any court of competent jurisdiction, such determination shall not affect any other provision of this Agreement and such other provisions shall remain in full force and effect. If any provision of this Agreement is capable of two constructions, one which would render the provision void and one which would render the provision valid, the provision shall be interpreted in the manner which would render it valid.
Except as may otherwise be expressly stated, each payment required to be made by the Tenant shall be in addition to and not in substitution for other payments to be made by Tenant.
14.08 Time. Time is of the essence in this Agreement.
14.09 Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental restrictions, regulations or controls, enemy or hostile government action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance by such party for a period equal to that resulting from such prevention, delay or stoppage.
14.10 Notices. All notices to be given by one party to the other or options to be exercised under this Agreement shall be in writing, mailed or delivered to Landlord and Tenant at the following addresses:
Landlord Tenant
City of Scotts Valley Pacific Flow Swim School
Attn: City Manager Attn:Owner
1 Civic Center Drive P.O. Box 66438
Scotts Valley, CA 95066 Scotts Valley, CA 95066
Mailed notices shall be sent by United States Postal Service, certified or registered mail, postage prepaid, and shall be deemed to have been given on the date of posting in the United States Postal Service.
The partieslisted above may, by proper notice, at any time designate a different addressto which notices shall be sent.
14.11 Waiver. The waiver by either of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Agreement, other than the failure of Tenant to pay the particular rental so accepted, regardless of Landlord’s knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term or condition of this Agreement shall be deemed to have been waived by either, unless such waiver is in writing by such party.
14.12 Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such rent or pursue any other remedy in this Agreement provided.
14.13 Authority. If Tenant is a corporation or partnership, each individual executing this Agreement on behalf of such entity represents or warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such entity and that such entity shall be bound by all the terms and provisions hereof.
14.14 Broker’s Commission. Each party represents and warrants that there are no claims for brokerage commissions or finder’s fees arising from that party’s activities in connection with this Agreement, and each party agrees to indemnify and hold the other party harmless from all liability arising from any such claim.
14.15 Assessment District Establishment. Tenant agrees not to unreasonably protest the establishment of an assessment district for purposes of public improvements, including, but not limited to,sidewalks,streets, lighting, utilities. Notwithstanding the foregoing, Tenant may protest the establishment of an assessment district if Tenant believes it adversely affects Tenant’s business.
The parties have executed this Agreement as of the date first written above.
LANDLORD: TENANT:
Pacific Flow Swim School
By: By:
Mali LaGoe Jeff Griffith-Jones
Its: City Manager Its: Owner
Exhibit A
Premises boundaries shown in red on image below.
AGENDA ITEM 1.
DATE: 11/6/2024
City of Scotts Valley
CITY COUNCIL STAFF REPORT
DATE: 11/6/2024
TO: Honorable Mayor and City Council
FROM: Stephanie Hill, Administrative Services Director
APPROVED: Mali LaGoe, City Manager
SUBJECT: Consider approval of proposed Recreation Fees and Charges
SUMMARY OF ISSUE
In June 2024, the City approved cost-based user fees and charges as analyzed by NBS. The majority of Recreation fees are facility rental or special event based and were not set during the previous process. Previous recreation fees were established in 2018. The recommended Recreation fees have been developed based on the new recreation model and master plan updates. These have been reviewed by both the Senior Center Board and Parks & Recreation Commission. The recommended fees and charges will go into effect for the 2025 calendar year.
The fees and charges created are based on the City Council's strategic goal of achieving more financial stability within the Recreation Programs. This past spring, staff had the opportunity to learn more about implementing a cost recovery program. In March 2024, Finance Manager Reed and Recreation Manager Pfefferkorn attended a Financial Sustainably Certification Program offered by the National Parks and Recreation Society, along with over a dozen other cities from the Bay Area. Achieving financial stability in Recreation Programs will be an ongoing process of re-evaluating budgetary allocations and adjusting user fees accordingly.
Data collection over the next few years will be critical to assess the impact of this approach to setting fees and the Recreation Program's increased activities, revenue, and expenses will continue to be monitored to identify further adjustments to the City's Recreation Fee Schedule.
FISCAL IMPACT
Currently, Recreation Programs are subsidized in the budget by approximately $750,000 per year. The proposed increase in fees is a step toward greater fiscal sustainability in Recreation activities. Actual results will vary based on utilization of the different programs and facilities.
Staff will continue to collect data in the categories to be able to monitor and report out the results and any proposed future changes.
STAFF RECOMMENDATION
It is recommended that the City Council provide any direction on setting Recreation fees and charges for 2025. Based on that policy direction, it is recommended that the Council approve
Resolution 1198.76.
TABLE OF CONTENTS
1. Resolution 1198.76 Rec Fees
2. Exhibit A Recreation Fee Schedule
RESOLUTION NO. 1198.76
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY APPROVING THE RECREATION FEES AND CHARGES SCHEDULE FOR 2025 WHEREAS, Resolution No. 1198.10 establishing a schedule of fees and charges (“Fees and Charges Schedule”) for city services was adopted by the City Council of the City of Scotts Valley on June 6, 1990; and
WHEREAS, the City Council has amended the Fees and Charges Schedule for city service by resolution from time to time since its original adoption; and WHEREAS, the City desires to amend the Fees and Charges schedule to reflect the services provided and updated costs of providing those service to the community; and WHEREAS, pursuant to Section 3.40.040(a) of the City’s Municipal Code, rates of fees and charges to be charged and collected in order to recover the percentage of costs reasonably borne in providing services shall be set by resolution.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED as follows:
1. The Recreation Fees and Charges Schedule is hereby amended as stated in Exhibit A to this Resolution.
2. The resolution shall take effect January 1, 2025.
The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Scotts Valley at a meeting held on the 6th day of November, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved: ____________________________
Randy Johnson, Mayor
Attest: ___________________________
Cathie Simonovich, City Clerk
CITY OF SCOTTS VALLEY
Master Fee Schedule
Effective 1/1/2025
Parks and Recreation Fees
Administrative Fees:
Administrative Fee: applies per rental or reservation
for any facility, and per instructor class/program
contract.
Gazebo / Garden Plot / Class per reservation $ 9 $ 9
Facility Rental per reservation $ 33 new
Reservation Change Processing Fee per request $ 20 new
Cleaning Fee (Senior Center/Communtiy Center) per rental [1] Actual Cost per Cleaning
Contract
$125/$250
Damage Deposit deposit [2] $ 500 $ 500
FACILITY RENTALS:
Community Center 3 hour minimum
Weekday- Hourly (3hr min.) per hour [2] [3] $ 165 $ 124 Weekday- Daily daily [2] [3] $ 1,320 $ 1,237
Weekend- Hourly (3hr min.) per hour [2] [3] $ 215 $ 124 Weekend- Daily daily [2] [3] $ 1,720 $ 1,237
Kitchen Rental daily [2] [3] $ 45 new
Patio/Backyard daily [2] [3] $ 45 new
Senior Center 3 hour minimum
Weekday- Hourly (3hr min.) per hour [2] [3] $ 115 $ 84
Weekday- Daily daily [2] [3] $ 920 $ 835
Weekend- Hourly (3hr min.) per hour [2] [3] $ 145 $ 84
Weekend- Daily daily [2] [3] $ 1,160 $ 835
Kitchen Rental daily [2] [3] $ 45 new
Patio/Backyard daily [2] [3] $ 45 new
OUTDOOR PARKS - Sitanen, Skypark, Hocus Pocus,
McDorsa, Skypark Outdoor Classroom:
Events with less
than 50
attendees
Hocus Pocus & Skypark Playground Gazebo 2 hour minimum
Weekday- Hourly per hour [2] [3] $ 35 $ 37
Weekend- Hourly per hour [2] [3] $ 40 $ 37
Siltanen, Skypark Large Gazebo, MacDorsa Gazebo 2 hour minimum Weekday- Hourly per hour [2] [3] $ 45 $ 37
Weekend- Hourly per hour [2] [3] $ 50 $ 37
FIELDS / COURTS/ GARDEN:
Skypark
Single Field per field, per hour [2] [3] $ 30 $ 14
Siltanen
Single Fields #1 - 4 per field, per hour [2] [3] $ 30 $ 14 Majors Field per field, per hour [2] [3] $ 30 $ 14
Athletic Field Lights per day [2] $ 22 $ 22
Snack Shack Concessions Room per day [2] $ 33 new
Parks and Recreation Fees
Outdoor Court Rental
Bocce Ball Court per hour [2] $ 8 new
Tennis Court per hour [2] $ 12 new
23/24
Rate
Fee Name
Fee Type /
Unit
Notes
Recommended
Rate
CITY OF SCOTTS VALLEY
Master Fee Schedule
Effective 1/1/2025
23/24
Rate
Fee Name
Fee Type /
Unit
Notes
Recommended
Rate
Pickleball Court per hour [2] $ 7 new
Basketball Court per hour [2] $ 12 new
Skatepark Rental per hour [2] $ 33 new
Garden Plot Rental Fee per sqft [2] $ 1 $ 1
OTHER RENTALS / USE:
Permitted Use of NON SPECIFIED Outdoor
spaces/parks for classes. Teaching in outdoor
spaces.
per year permit [2] $ 50 new
Per class/use per class/use [2] $ 18 new
Permitted Use of Inflatables in Outdoor Spaces per permit [2] $ 18 new Sports leagues and clubs, or other long term use per agreement [5] Established through
separate agreement
new
Entertainment Permit / Special Events In City Parks:
Events of 50+ attendees or with sound or
entertainment
50+ attendees [5]
Application Review per application [2] $ 275 $ 235
Special Permits for Sound, Inflatables, etc. per permit [4] Based on permits
required.
Senior Center Annual Membership Fee
Annual Membership per year [2] $ 35 $ 20
Activities- Non member per activity [2] $ 5 $ 4
Activities- Member per activity [2] $ 3 $ 2
Classes- Non member per class [2] $ 7 $ 7
Classes- Member per class [2] $ 5 $ 5
Advertisement
City Activity Guide per guide [2] $ 75 new
Other publications and advertisements varies [5] Varies on program/ads new Parks and Recreation Fees
Recreation Classes and Programs: varies [5]
Set based on individual
class and program needs.
new
Hourly rate for City Staff services per hour [6] Actual cost new [Notes]
[1]
[2]
[3]
[4]
[5]
Fees for recreational classes and programs offered by the City shall be set at the discretion of the Recreation Division Manager, these can be based on a combination of facility rentals and application fees or done with a separate profit share agreement.
Cleaning Fees are charged separately at actual cost, in addition to staff time; Set by City Policy;
Discounts: 1) Residents may receive a 15% discount, where applicable. Proof of Scotts Valley residency is required. 2) Non-profits may receive a 25% discount, where applicable. Proof of non-profit status in a form accepted by City Staff required. 3) Cannot combine multiple discounts. 4) Discounts do not apply to instructor led or pay to participate programs;
Additional fees may apply for special permits for sound, inflatables etc.; Recreation Division Manager may set fees via a separate agreement, approved by the City Manager, for special events, sports leagues/clubs, or other programming that require longer term use and/or considerable staff resources or planning. Fees shall follow a similar structure based on the facilities, resources, and permits being utlized, but allow for pricing based on continuous use, other benefits of service to the community, or other factors based on the program.
CITY OF SCOTTS VALLEY
Master Fee Schedule
Effective 1/1/2025
23/24
Rate
Fee Name
Fee Type /
Unit
Notes
Recommended
Rate
[6] For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.