Parks & Recreation Commission Special Meeting
Special MeetingGalt, CA · July 26, 2023
Minutes
CITY OF GALT
PARKS & RECREATION COMMISSION
SPECIAL MEETING MINUTES
CITY HALL COUNCIL CHAMBERS
380 CIVIC DRIVE, GALT CA 95632
JULY 26, 2023 AT 6:00 P.M.
Chairperson: Ernie Cason
Commission: Carrie Graham, John McNamara, Chris Smith, Erin Saldivar
1. CALL MEETING TO ORDER at 6:00 p.m.
2. ROLL CALL:
a. Commissioners Present: Graham, McNamara, Saldivar and Cason
b. Commissioners Absent: Smith
3. CHANGES TO THE ORDER OF AGENDA
4. PUBLIC COMMENT: Under Government Code Section 54954.3, members of the
public may address the Parks and Recreation Commission on non-agenda
items. The public comments section is for the Parks and Recreation Commission
to receive comments; except for brief response to questions, no discussion or
action may be taken on any item that is not listed on the agenda. Please limit
comments to a maximum of five (5) minutes. Please fill out a speaker sheet
located on the table inside the entrances to the council chambers and forward the
completed speaker sheet to the commission secretary. Please state your name
and city of residence prior to making your comments.
5. ACCEPTANCE OF MINUTES
a. Minutes of the meeting of March 8, 2023
b. Commissioner Graham made a motion to accept the minutes of the March
8, 2023, Parks & Recreation Commission meeting.
c. Commissioner McNamara made a second to the motion.
d. Upon a roll call vote, all present approved acceptance of the minutes.
6. PRESENTATIONS
7. NEW BUSINESS
a. Election – Chairperson
i. Commissioner Cason nominated Commissioner Saldivar for
Chairperson.
ii. Commissioner Graham seconded the nomination.
iii. Roll call vote of 4-0, Commissioner Saldivar was elected
Chairperson.
b. Election – Co-Chairperson
i. Commissioner Graham nominated herself.
ii. Commissioner Cason seconded the nomination.
GALT PARKS AND RECREATION COMMISSION
SPECIAL MEETING AGENDA OF JULY 26, 2023 MEETING
Page 2
iii. Roll call vote of 4-0, Commissioner Graham was elected
Chairperson.
c. Simmerhorn Ranch Park
i. Director Solis reviewed the conceptual design with the
Commissioners and asked for feedback. Park will include two 50
foot grass soccer fields with a 70 foot field within them, two youth
softball/baseball fields, 2-3 Pickle Ball courts, playground, shade
area, restroom building and a 19 stall parking lot.
ii. Commissioner Saldivar was concerned about parking.
iii. Commissioner Graham recommended working with the school to
see if we can use the vacant lot until they build.
iv. Public Comment:
a. Miguel Lourence, President of American Made
Baseball, expressed his thoughts on the park use.
d. SUBJECT: Field Priority Order
RECOMMENDED ACTION: Recommend to Galt City Council to review
and discuss the current field priority and provide direction to staff.
i. Director Solis gave the presentation detailing each field, how each
field is currently used and the current Field Priority:
a. City Programs
b. Galt Joint Union High School District MOU
c. Galt Joint Union Elementary School District MOU
d. Galt Youth Baseball MOU
e. Youth Recreation Leagues
f. Youth Competitive Leagues
g. Private Rentals
ii. Public Comment:
a. Misty Springmeyer, President of Lickity Split expressed
her thoughts on field priority
b. Miguel Lourence, President of American Made
Baseball expressed his thoughts on field priority
c. Katie Scott, of Lickity Split expressed her thoughts on
field priority
d. Karrin Blevins, of County Line Youth Soccer expressed
her thoughts on field priority
e. Liz Garcia expressed her thoughts on field priority
iii. Several recommendations were made that did not receive a
majority vote. The final recommendation made was to keep the
priority as listed 1 thru 6 on the presentation the same through
March 2024, to be revisited after March 2024 to evaluate; leagues
to meet 2 times per year 1) August for Fall and 2) December for
Spring; and a member of City Council and a representative from
Parks & Recreation will be at each of these meetings.
iv. Commissioner Saldivar made a motion to recommend keeping the
priority as listed 1 thru 6 on the presentation the same through
March 2024, to be revisited after March 2024 to evaluate; leagues
GALT PARKS AND RECREATION COMMISSION
SPECIAL MEETING AGENDA OF JULY 26, 2023 MEETING
Page 3
to meet 2 times per year 1) August for Fall and 2) December for
Spring; and a member of the City Council and a representative from
Parks & Recreation will be at each of these meetings.
Commissioner McNamara made a second to the motion. Upon a
roll-call vote the recommendation was approved 4-0.
8. OLD BUSINESS
9. UPCOMING COUNCIL AGENDA ITEMS
a. Galt Market Trash Bag 10/3
10. UPCOMING EVENTS
a. National Night Out – 8/1
b. Saturday Market – 8/5
c. Summer Movies in the Park – 8/11 Wakanda Forever
d. Sounds of Summer Concert Series – 8/12 The Nick Elwood Band
11. STAFF COMMENTS
a. Director Solis thanked the commissioners for their work for making a
decision.
12. COMMISSIONERS REPORTS/COMMENTS
a. Commissioner Cason really appreciated everyone sitting here, knew that
they had different ideas but came together and would love to see more of this
in our traditional government and thanked each and every one of them.
b. Commissioner Graham piggy backed on what Commissioner Cason said
and thinks they did a role model demonstration to our public teams and
knows that GYB is undergoing some leadership changes, do agree they need
to come to the table great, diversity makes the world go around, have
received great feedback on the fireworks this year, good feedback on new
designs, have seen new trucks out and about and workers are very
professional.
c. Commissioner McNamara thanked fellow commissioners, this was a good
exercise, we haven’t faced a bigger issue than this so far, good working with
the commissioners, thank you to Leslie for getting them the information and
keeping them apprised with date changes.
d. Commissioner Smith absent.
e. Commissioner Saldivar agreed, thought it was a very good show of how
you come together and how to work things out and thanked Commissioner
Cason for electing her chairperson.
13. ADJOURNMENT at 7:43 p.m.
ARMANDO SOLIS, PARKS AND RECREATION DIRECTOR: The agenda for this
Parks and Recreation Commission meeting was posted in the following listed sites
before 6:00 p.m. on the Friday preceding the meeting.
1. City Hall, 380 Civic Drive
2. U.S. Post Office, 600 N. Lincoln Way
GALT PARKS AND RECREATION COMMISSION
SPECIAL MEETING AGENDA OF JULY 26, 2023 MEETING
Page 4
3. Galt Parks & Recreation Department, 610 Chabolla Avenue
Agenda
CITY OF GALT
PARKS & RECREATION COMMISSION
SPECIAL MEETING AGENDA
CITY HALL COUNCIL CHAMBERS
380 CIVIC DRIVE, GALT CA 95632
JULY 26, 2023 AT 6:00 P.M.
Chairperson: Ernie Cason
Commission: Carrie Graham, John McNamara, Chris Smith, Erin Saldivar
1. CALL MEETING TO ORDER
2. ROLL CALL:
a. Commissioners Present:
b. Commissioners Absent:
3. CHANGES TO THE ORDER OF AGENDA
4. PUBLIC COMMENT: Under Government Code Section 54954.3, members of the
public may address the Parks and Recreation Commission on non-agenda
items. The public comments section is for the Parks and Recreation Commission
to receive comments; except for brief response to questions, no discussion or
action may be taken on any item that is not listed on the agenda. Please limit
comments to a maximum of five (5) minutes. Please fill out a speaker sheet
located on the table inside the entrances to the council chambers and forward the
completed speaker sheet to the commission secretary. Please state your name
and city of residence prior to making your comments.
5. ACCEPTANCE OF MINUTES
a. Minutes of the meeting of March 8, 2023
6. PRESENTATIONS
7. NEW BUSINESS
a. Election – Chairperson
b. Election – Co-Chairperson
c. Simmerhorn Ranch Park
d. SUBJECT: Field Priority Order
RECOMMENDED ACTION: Recommend to Galt City Council to review
and discuss the current field priority and provide direction to staff.
8. OLD BUSINESS
9. UPCOMING COUNCIL AGENDA ITEMS
GALT PARKS AND RECREATION COMMISSION
SPECIAL MEETING AGENDA OF JULY 26, 2023 MEETING
Page 2
10. UPCOMING EVENTS
a. National Night Out – 8/1
b. Saturday Market – 8/5
c. Summer Movies in the Park – 8/11 Wakanda Forever
d. Sounds of Summer Concert Series – 8/12 The Nick Elwood Band
11. STAFF COMMENTS
12. COMMISSIONERS REPORTS/COMMENTS
a. Commissioner Cason
b. Commissioner Graham
c. Commissioner McNamara
d. Commissioner Smith
e. Commissioner Saldivar
13. ADJOURNMENT
ARMANDO SOLIS, PARKS AND RECREATION DIRECTOR: The agenda for this
Parks and Recreation Commission meeting was posted in the following listed sites
before 6:00 p.m. on the Friday preceding the meeting.
1. City Hall, 380 Civic Drive
2. U.S. Post Office, 600 N. Lincoln Way
3. Galt Parks & Recreation Department, 610 Chabolla Avenue
Parks & Recreation Meeting Date: July 26, 2023
Commission
Agenda Report
FROM: ARMANDO SOLIS, PARKS AND RECREATION DIRECTOR
SUBJECT: FIELD PRIORITY ORDER
RECOMMENDATION
Review and discuss the current field priority and provide direction to staff.
BACKGROUND
In April, 1994, the City of Galt (COG) and the Galt Joint Union Elementary School
District (GJUESD) entered into a Joint Use Agreement that allows each entity the ability
to use each other’s facilities at no cost. Specifically, it allows the City to use “school
building facilities” and “school playgrounds” for “community recreation and cultural arts
activities”. It also provides that the City must “make available” to District “City recreation
facilities which are suitable for [school] events, activities, or programs.” In scheduling the
use of City facilities, City-sponsored events have first priority, but District sponsored
events and programs must have second priority, and “any other events by other
organizations or individuals shall have priority thereafter.”
In 2013, COG and GJUESD signed a Site-Specific Joint Use of Facilities Agreement
providing use of several school facilities to the COG and the City Council Chambers to
the GJUESD. It gives District exclusive use, when school is in session, of Northeast
Sports Park (McCaffrey) (and City has exclusive use when school is not in session). It
also gives District exclusive use of Marengo Ranch Elementary School Athletic Fields
when school is in session (and District second priority even when school is not in session).
It also gives District, when school is in session, exclusive use of Greer Basin (and District
second priority even when school is not in session).
In 2001, the COG and the Galt Joint Union High School District (GJUHSD) entered into
a similar agreement that allows each entity the ability to use each other’s facilities at no
cost. For our purposes tonight, it gives District second priority (just behind the City’s first
priority) to use City “recreation facilities”. Any “other organization” has priority thereafter.
At the November 17, 2020 City Council meeting, the Galt City Council voted to adopt a
resolution allowing the Galt Youth Baseball Organization to assume responsibility of the
girls’ softball program for ages 6 to 14 and approving an Amended and Restated License
TYPE OF ITEM: COMMISSION ACTION: Introduced Approved Denied Revised
Moved By:
Seconded By:
Vote:
AGENDA REPORT- FIELD PRIORITY ORDER
Agreement Granting a License to Use Certain City Facilities to Galt Youth Baseball
including use of the snack bar located at the Sports Complex.
In December of 2020, the COG and Galt Youth Baseball (GYB) amended and restated
an agreement that allowed GYB to operate the girls’ softball league, giving them the right
to operate concessions at Harvey Park and Sports Complex and the use of Meadowview
Park, Harvey Park, Sports Complex, McCaffrey Middle School and Community Park.
DISCUSSION
The Parks and Recreation Commission has been tasked to review the current sports
field priority policies and provide a recommendation to the City Council. Generally, when
school is not in session, the current policy priorities are as follows:
1. City Programs
2. GJUHSD and GJUESD Agreements
3. GYB Agreement
4. Youth recreation leagues
5. Youth competitive organizations
6. Private Rentals
1. City Programs include; but, are not limited to the following:
• T-Ball
• Adult Softball
• Special Interest Classes
2. The COG Attorney has reviewed the GJUHSD, GJUESD and GYB agreements and
has made the following conclusions with respect to the ball fields usage by District at
City fields:
Galt Joint Union High School District Agreement
• City must make City “recreation facilities” available to District, for “school
events, activities or programs”
• For City facilities, City has first priority and District has second priority, and
any other events by other organizations shall have priority thereafter
Galt Joint Union Elementary School District Agreement
• Northeast Sports Park (McCaffrey Middle School)
o District has exclusive use of the facilities (except the tot lot and
parking lot) “any time” school is in session (typically weekdays from
7am to 4pm)
o City has exclusive use, when school is not in session.
AGENDA REPORT- FIELD PRIORITY ORDER
• Marengo Ranch Elementary School Athletic Fields
o District has exclusive use of the fields “any time” school is in
session (typically weekdays from 7am to 4pm)
o City shall have first priority whenever District events are not in
process, and District shall have second priority.
• Greer Basin
o District has exclusive use of the basin “any time” school is in
session (typically weekdays from 7am to 4pm)
o City shall have first priority whenever District events are not in
process, and District shall have second priority.
3. GYB Agreement
• Provide GYB a revocable license to GYB to use as follows:
o Meadowview Park and Harvey Park from Feb. 1 to July 31 as follows:
Exclusive use of Meadowview and Harvey Park diamonds (Monday
- Friday 4pm – 9pm, Saturday 8am – 9pm, and Sunday as needed
or requested by GYB)
o Community Park baseball diamond from April 1 to July 31st as follows:
Second priority usage mon-Friday 6:30-9pm (behind the high
school district which has higher priority mon-Friday per its MOU
with City)
Minimum of two Saturdays per month (8am-9pm) as designated by
Parks and Recreation director
Sundays, as need or requested by GYB.
• Sports Complex and McCaffery Middle School to use as follows:
o As approved by the Parks and Recreation Director (but subject to higher
priority with school districts per MOUs with GJUHSD and GJUESD)
4. Youth Recreation Leagues
• A non-profit youth sports organization exclusively serving youth 19 years and
younger.
• Organization is comprised of at least five teams.
• Coaches are primarily volunteers.
• Organization does not make player cuts – all registrants play.
• Each player must receive a minimum amount of mandated playing time
except for reasons of injury, illness or discipline.
AGENDA REPORT- FIELD PRIORITY ORDER
• Games are typically played against other Galt teams.
• Games are typically played inside of Galt city limits.
• Program is held during the sport’s primary recreation season, defined as
follows:
• Baseball / Softball: February – July
• Soccer: July – November
• 80% of the organization’s players reside in the GJUHS boundaries.
5. Youth Competitive Organizations
• A non-profit or for-profit youth sports organization exclusively serving youth
19 years and younger.
• Organization is comprised of at least three teams.
• Coaches may be licensed professionals and/or paid.
• Organization may make player cuts
• Games are typically played against non-Galt teams.
• Games are typically played outside of Galt city limits.
• 80% of the organization’s players reside in the GJUHS boundaries.
6. Private Rental
• This includes any rental of any facility where the approved City fee is
charged, typically weekend tournaments.
FISCAL ANALYSIS:
Except for staff time, there is no direct fiscal impact
ALTERNATIVE:
The Parks and Recreation Commission could recommend to City Council to support the
current field priority list as listed above.
ATTACHMENT(S):
1. GJUESD 1994 Agreement
2. GJUESD 2013 Site-Specific Agreement
3. GJUHSD 2001 Agreement
4. COG Youth Softball Program Staff Report
5. GYB 2020 Amended and Restated Agreement
AMENDED & RESTATED AGREEMENT GRANTING A LICENSE TO USE CERTAIN
CITY FACILITIES TO THE GALT YOUTH BASEBALL ORGANIZATION
THIS AMENDED & RESTATED AGREEMENT GRANTING A LICENSE TO USE
CERTAIN FACILITIES (" Agreement") is made on this I day of€ C 2020(" Effective
Date"), by and between the CITY OF GALT( hereinafter" City"), a general law city formed
under the laws of the State of California, and the GALT YOUTH BASEBALL
ORGANIZATION( hereinafter" GYB"), a California nonprofit corporation formed under the
laws of the State of California.
RECITALS
WHEREAS, the City owns and operates park and recreational facilities including
baseball diamonds located at Meadowview Park, Harvey Park and Community Park for the use
and benefits of the citizens of Galt; and
WHEREAS, the City wishes to cooperate with nonprofit community organizations that
request the use of community facilities to provide services for the benefit of the citizens of Galt;
and
WHEREAS, the City has entered into prior agreements with GYB for use of City
facilities and fields;
WHEREAS, GYB wishes to operate a youth baseball league in Galt for boys aged 5 to 14
years under the rules and regulations of the national Babe Ruth program; and
WHEREAS, GYB further wishes to operate a youth softball league in Galt for girls aged
5 to 14 years under the rules and regulations of the national Babe Ruth program; and
WHEREAS, GYB wishes to operate the youth baseball/ softball leagues on the diamonds
located in Meadowview Park, Harvey Park, Sports Complex, McCaffery Middle School, and
Community Park; and
WHEREAS, a cooperative relationship between the City and GYB will benefit the
citizens of Galt by insuring that a properly organized and managed youth baseball/softball
leagues will exist in Galt and will have regular access to necessary facilities.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for
other valuable consideration, the parties agree as follows:
1. Purpose of Agreement: By this Agreement, City grants a fully revocable
license to use certain City facilities as described in section 2 of this Agreement and to provide
certain services as provided in section 5 of this Agreement, for the purpose of assisting in the
operation of a youth baseball league in Galt, in exchange for GYB' s promise to organize and
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manage the baseball league in cooperation with the City. This Agreement is not intended to
incorporate GYB as a department of operation of the City.
2. Park Facilities to be Provided by City:
The City shall grant GYB a
revocable license to use the two baseball diamonds located in Meadowview Park, Harvey Park,
Sports Complex, McCaffery Middle School, and Community Park( collectively, the " Premises")
for the months and during the hours and days stated on the schedule attached and incorporated
into this Agreement as Schedule" A." Except as otherwise noted in Schedule" A" GYB' s license
to use the Premises is exclusive for the periods specified in Schedule " A." Agreement is not
intended to provide GYB with exclusive use of any other facilities in Meadowview Park, Harvey
Park, Community Park or any other facility owned and operated by the City, nor is it intended to
grant exclusive use of the Premises during any period not specified in Schedule " A." Nothing in
this Agreement shall be construed as a conveyance to GYB of any ownership or other interest in
the Premises.
3. Term: The term of this Agreement shall commence as of the Effective Date
and continue unless and until terminated by the City pursuant to section 12.
4. Concessions: The City grants GYB the right to operate concessions at Harvey
Park from the City owned building located at the park, during the months of January 1 St through
St
December 31 during the term of this Agreement. The City Grants GYB the right to operate
concessions at the Sports Complex from the City owned building at the park, Monday through
Friday and on agreed upon weekends ( weekend use must be approved in advance by the City)
St St
during the months of January 1 through December 31 during this Agreement. GYB shall be
responsible for complying with all permitting or other requirements necessary to sell concessions.
GYB is allowed to store all necessary supplies and equipment in the Harvey Park and Sports
Complex concessions buildings during the term of this Agreement, at its own risk. Any and all
equipment left after said dates shall not be the responsibility of the City. GYB shall return the
concessions stand to the City in the same condition as it exists on the date of this Agreement. GYB
shall be responsible for any repairs or maintenance necessary due to its use of the concessions
stand.
5. The City shall maintain all parks and fields
Services to be Provided by City:
to City of Galt park standards, including such routine maintenance activities as mowing, edging,
weeding, emptying of trash receptacles, and other work performed by City personnel at other
City parks.
6. Services to be Provided by GYB: GYB shall accept responsibility for the
following regarding use of the Facilities:
a. The maintenance, replenishing of supplies, and security of restrooms
located near the Premises during the time in which GYB is using the
Premises. GYB shall specifically clean said restrooms on days
Premises are in use by the GYB. City will provide restroom supplies to
GYB as it deems reasonably necessary and GYB will be responsible for
stocking the Premises when in use.
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b. Keep the fields, dugouts, and sitting areas ( including bleachers) for the
Premises clean of debris,
c.
Conditioning of the baseball/ softball fields on the Premises, such as
dragging and striping the infields will be the responsibility of the GYB.
Field prepping shall not take place earlier than three hours prior to
game time.
d. Any work performed by the City at the Premises or adjacent City
property above the normal maintenance shall be charged to the Board at
City' s reasonable costs. Normal maintenance is defined as mowing,
edging, weeding, and other work performed by City park maintenance
personnel at other City parks. The Board shall be solely responsible for
ensuring the fields are in proper playing condition prior to the start of
each game( s).
e.
No glass bottles shall be brought on site by coaches, players, spectators
or sold at the concessions stand at Harvey Park.
f. GYB shall provide a safe environment for players, coaches, umpires,
spectators, and volunteers. All problems, possible hazardous situations
and other suggestions to improve Premises should be brought to the
Parks& Recreation Director' s attention immediately( in writing, signed
and dated by a GYB official). The City will, in its sole discretion, act
on the suggestions as its deems necessary or advisable.
g. GYB shall not permit any vehicles to be driven on the Premises, except
for the purpose of delivering supplies or equipment for concessions as
may be necessary. GYB shall be responsible for any damage to the
Premises as the result of any authorized or unauthorized vehicle use.
h. No material shall be brought and/or left on the Facilities or other City
property which may interfere with the City' s regular maintenance of
the parks and grounds.
i. During the GYB' s usage of the Premises, GYB shall control the
behavior and conduct of spectators and players. The City reserves the
right, in its sole discretion, to cancel this Agreement at any time
because of inappropriate conduct or behavior by spectators, players or
GYB members or employees.
j. GYB shall be responsible for selection and control of all coaches,
umpires and other officials. Any disagreements related to the coaches,
umpires, or officials shall be handled by GYB. GYB shall comply with
all applicable law in performance of this Agreement and in providing
its youth baseball programs, including, but not limited to, obtaining and
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maintaining fingerprinting of all employees and volunteers as may be
required by law.
k. GYB shall not allow or permit anyone to enter onto private properties
adjacent to the Premises without the permission of the owner or
occupant. This includes retrieving of baseballs.
1. City may provide GYB with keys to the Harvey Park and Sports
Complex Concession Stands and the Premises. Any keys shall not be
duplicated and only issued to GYB members. All keys shall be returned
to the City upon termination or expiration of this Agreement.
7. Improvements to Premises: The Parties understand that GYB desires to make
improvements to the Premises. All such proposed improvements to the Premises shall require
the prior written approval of the City, and shall become the exclusive property of the City upon
completion. GYB shall have no right to compensation from the City for any such improvement.
GYB shall have no right to possession and/ or use of the any such improvement during any time
not specified in Schedule " A" of this Agreement. GYB shall obtain, at GYB' s sole cost, any and
all permits, plans, licenses or other approvals necessary to perform improvements to the
Premises.
8. Indemnification and GYB' s Duty to Hold City Harmless: To the fullest
extent permitted by the laws of California, Sponsor shall indemnify, defend, protect and hold
harmless the City, its officials, officers, employees and agents from and against any and all
claims( including, without limitation, claims for bodily injury, death, nuisance or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses( including, without limitation, attorneys' fees,
disbursements and court costs, and all other professional, expert or consultants' fees and costs) of
every kind and nature whatsoever( each a" Claim" and collectively, " Claims") which may arise
from or in any manner relate to: ( i) any violation of the obligations of GYB under this
Agreement; ( ii) any use of the Premises or the concession stand at Harvey Park by GYB, its
officials, officers, employees, members, representatives, agents, contractors, volunteers, invitees,
and members of the public; and( iii) the negligent acts, omissions and/ or willful misconduct of
GYB, its officials, officers, employees, members, representatives, agents, contractors, volunteers,
or invitees associated with any use of the Premises or the concession stand at Harvey Park. GYB
shall have a duty to defend City in all third party Claims arising from GYB' s use of the Premises
with counsel reasonably acceptable to City. SGYB' s indemnification obligations pursuant to this
Agreement shall survive the expiration or earlier termination of this Agreement.
9. Release: All players, coaches, volunteers and umpires shall be required to
sign a form approved by the City releasing the City for liability claims or damage claims for
injury to persons, including agents, employees, or participants of the Board, or for any property
damage from any cause related to GYB' s use of the Premises.
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10. Notification to the City: In the event that any person is injured or dies
participating in any aspect of the Galt Youth Baseball League Program, or any property or
equipment, whether or not provided by the City pursuant to this Agreement, is damaged, lost,
stolen or destroyed, GYB shall promptly( and no later than two calendar days) notify the City of
the occurrence and shall file all necessary accident reports, including those required by law and
those required by the relevant insurer.
11. Insurance: GYB agrees to purchase and maintain insurance in full force and
effect throughout the Term of this Agreement, including any extension periods, as follow:
a) Comprehensive General Liability: $ 1, 000, 000. 00 combined single limit
per occurrence aggregate for bodily injury, personal injury and property damage.
b) Automobile Liability: $ 1, 000, 000. 00 combined single limit per
occurrence for bodily injury and property damage. Symbol 1 — All autos including non-owned
and hired.
Workers' Compensation and Employers' Liability Insurance as required
c)
by law: Workers' compensation statutory limits as required by the Labor Code of the State of
California and Employers' Liability limits of at least $ 1, 000, 000. 00 per occurrence.
Any policy or policies of insurance shall include a provision waiving the insurer' s right
of subrogation against the City.
All of the above policies shall contain an endorsement providing that written notice shall
be given to the City at least thirty( 30) calendar days prior to termination, cancellation or
reduction of coverage in the policy.
The general liability and automobile liability policies shall contain a provision or
endorsement naming the City, its officers, Directors, Agents, and employees as" Additional
Insureds" under the insurance policies as respects liability arising out of the performance of any
obligation under the contract, and providing that such insurance is primary insurance as respects
the interests of the Additional Insureds, and that any other insurance maintained by the
Additional Insureds excess and not contributing insurance with the insurance required hereunder.
This provision or endorsement shall not apply to liability arising out of the preparation and
maintenance of the Premises by the City Department of Parks and Recreation pursuant to section
5 of this Agreement.
GYB shall procure and maintain for the duration of the term of this Agreement insurance
against claims for injury to persons or damage to property which may arise from or in connection
with the operations of GYB, its agents, representatives and employees, of the operations of GYB
as provided for in this Agreement.
Insurance is to be placed with insurers with a" Best' s rating of not less than A: VII."
GYB shall furnish the City with Certificates of Insurance and with original endorsement
effecting coverage required by this Agreement. The Certificates and endorsements for each
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insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf. Endorsements are to be received and approved by the City before commencement of the
2019 Galt Youth Baseball League.
12. Termination: The City may terminate this Agreement, for any reason, upon
thirty( 30) calendar days' written notice from the City to GYB. Additionally, the City may
terminate this Agreement for Cause. " Cause" is defined as a violation of this Agreement or a
violation of any City, State, or Federal law. If the City finds that it has cause to terminate this
Agreement, the City shall provide notice of such violation to GYB. GYB shall have ten( 10)
business days from the date of receiving such notice to cure the violation. If GYB cannot
completely cure the violation within 10 business days, and no imminent health and safety issue is
presented by the failure of GYB to completely cure the violation, the City' s Parks and Recreation
Director( the " Director") may allow GYB to instead, within ten( 10) business days from the date
of receiving the notice of violation, present a written proposal specifying how GYB will correct
the violation and the timeframe in which it intends to do so. The Director may negotiate the
terms of the written proposal with GYB, but in no event will the Director approve a proposal if
the delayed time for cure presents an imminent health or safety issue. If GYB does not cure the
violation, or submit a written proposal for curing the violation according to the terms set forth in
this section 12, within ten business( 10) days of receiving written notice from the City or does
not cure the violation in accordance with the timeframe presented in GYB' s written proposal, the
City shall send a notice of termination to GYB.
14. Participant Fees: GYB shall pay to the City the applicable youth field usage
annual per player fee set by the City in the Master Fee Schedule, as that fee may be amended
from time to time.
13. Miscellaneous Provisions:
a) Cumulative Remedies:
The remedies of the City shall be cumulative to
the extent permitted by law, and may be exercised partially, concurrently or separately. The
exercise of one remedy shall not be deemed to preclude the exercise of any other remedy.
b) No Waiver of Rights:No failure on the part of the City to exercise any
remedy or right, or delay in the exercise of any remedy or right shall operate as a waiver. A
single or partial exercise by the City of any remedy or right shall not preclude any other further
exercise of that remedy or right, or the exercise of other rights or remedies. No forbearance by
the City to exercise any rights or privileges under this agreement shall be constructed as a
waiver, but all rights and privileges shall continue in effect as if no forbearance occurred.
c) Applicable Law; Venue: This Agreement shall be construed and
enforced in accordance with the laws of the State of California. Any litigation regarding this
Agreement or its contents shall be filed in the County of Sacramento, if in state court, or in the
federal court nearest to the City, if in federal court.
d) Attorneys' Fees:
If any legal action to enforce or interpret any
provision of this Agreement, including an action for declaratory relief, is brought to enforce or
Page 6 of 9
82741. 01002\ 33447835. 1
interpret the provisions of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees from the other party. These fees, which may be set by the Court in the
same action or in separate action brought for that purpose, are in addition to any other relief to
which the prevailing party may be entitled under this Agreement. This provision applies to the
entire Agreement.
Severability:
e)
If any provision of this Agreement or the application of
any of its provisions to any party or circumstances is held invalid or unenforceable, the
remainder of this Agreement and the application of the provisions to other parties or
circumstances shall remain valid and in full force and effect.
f) Assignment:
The Organization may not assign any of its rights or
obligations provided by this Agreement to any person or entity.
g) Authority to Sign:
Each party warrants that the person executing this
Agreement on behalf of the respective party is fully authorized by that party to do so. This
Agreement may not be assigned without prior written approval of all parties. Any unauthorized
assignment shall be void. This Agreement supersedes all previous oral or written
communication and contain the entire agreement of the parties to this Agreement and shall not be
modified in any manner except by an instrument in writing executed by the parties or their
respective successors in interest.
SIGNATURE PAGE FOLLOWS»
Page 7 of 9
82741. 01002\ 33447835. 1
IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth
opposite their names.
CONTRACTOR/ CONSULTANT: Must be signed by two officers of the
GALT YOUTH BASEBALL corporation, one of which is the Financial
ORGANIZATION Officer)
Date:
1 a- 3_0Tax
ID No.:
K0 8_ d O LE d
Signature) Signature)
f` D vzS
Print Name)
teo 4joi( Print ame)
Title)
Vice Title)
CITY OF GALT, a municipal corporation:
ter-
o-renzo Hines Jr. ib ger
Date:
ATTEST: ORIGINAL APPROVED AS TO FORM:
10- Ve_
4.
111
Tina Hubert, ity Clerk Kimbeerlood, Interim City Attorney
ORIGINAL APPROVED AS TO
CONTENT:
Armando Solis, Parks& Recreation Director
Page 8 of 9
8274 I. 01002\ 33447835. 1
IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth
opposite their names.
CONTRACTOR/ CONSULTANT: Must be signed by two officers of the
GALT YOUTH BASEBALL corporation, one of which is the Financial
ORGANIZATION Officer)
Date:
1 a- ' Tax ID No.:
KO g—0 L.
F
Signature) Signature)
31\ 41A o
Print Name)
s aUr
Print
Vice Prgiebrf
pYJ(
ame))
Title) Title)
CITY OF GALT, a municipal corporation:
Lorenzo Hines Jr., City Manager
Date:
ATTEST: ORIGINAL APPROVED AS TO FORM:
Tina Hubert, City Clerk Kimberly Hood, Interim City Attorney
ORIGINAL APPROVED AS TO
CONTENT:
Armando Solis, Parks& Recreation Director
Page 8 of 9
82741. 01002\ 33447835. 1
SCHEDULE " A"
Hours and days of utilization by the Galt Youth Baseball Organization at Meadowview and
Harvey Park are as follows from February 1' to July 31' of each calendar year.
Monday through Friday 4: 00 p.m. till 9: 00 p.m.
Saturdays 8: 00 a.m. to 9: 00 p.m.
Sundays— as needed or requested by the Galt Youth Baseball Organization.
Hours and days of utilization by the Galt Youth Baseball Organization at Community Park are as
S'
follows from April l to July 31' of each calendar year. * Monday through Friday schedule are
subject to date and times requested by the Galt Joint Union High School District as part of the
MOU it holds with the City, which has priority over GYB.
Monday through Friday 6: 30 p. m. till 9: 00 p.m.
Minimum of Two ( 2) Saturdays per month designated by the Parks and Recreation
Director from 8: 00 a.m. to 9: 00 p. m.
Sundays— as needed or requested by the Galt Youth Baseball Organization.
Page 9 of 9
82741. 01002\ 33447835. 1
RESOLUTION NO. 2020- 89
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GALT, CALIFORNIA,
ALLOWING THE GALT YOUTH BASEBALL ORGANIZATION TO ASSUME
RESPONSIBILITY OF THE GIRLS' SOFTBALL PROGRAM AGES 6- 14 AND APPROVING AN
AMENDED AND RESTATED LICENSE AGREEMENT GRANTING A LICENSE TO USE CERTAIN CITY
FACILITIES TO GALT YOUTH BASEBALL INCLUDING USE OF THE SNACK BAR LOCATED AT THE
SPORTS COMPLEX
WHEREAS, in 1995, the City of Galt entered into an agreement with the Galt Youth Baseball Organization
GYB) to assume the responsibility of the boys' baseball program for youth ages 9 to 18 years old from the Galt Parks
and Recreation Department( GP& R), including the use of City parks and facilities; and
WHEREAS, in 2017, GYB added boys' baseball for ages 5 to 8 years old. This caused the numbers of
interested participants in the GP& R program to plummet and resulted in the eventual elimination of the City boys' 5
to 8 year old baseball programs. The GP& R continued to offer girls' softball programs for ages 4— 14 and boys' ages
4& 5; and
WHEREAS, on September 20, 2020, GP& R received a letter from GYB requesting to add girls' softball ages 6
14 to their organization starting in the 2021 season. This would include the use of City facilities to facilitate games and
practices for the girls and the use of the snack bar located at the Sports Complex. GYB would pay the City an annual per
player participant fee, estimated at 300 participants annually, which will be used to offset GP& R electricity costs to run
the Sports Complex snack bar at an estimated cost of$ 800 per year; and
WHEREAS, traditionally in other jurisdictions, youth baseball and softball programs for these age groups are
run by non-profit groups such as GYB has done over the past 25 years with their boys' programs; and
WHEREAS, elimination of the girls' softball ages 6— 14 programs would reduce FY 2020- 21 player
registration fee revenue by approximately$ 27, 000. However, associated expenditures are estimated to be reduced by
30,240, resulting in a net savings of$ 3, 240 to the GP& R FY 2020- 21 budget. The City will also increase revenue
through the player participant fee paid by GYB in the estimated amount of$ 3, 300. If this GYB request is approved,
budget appropriation revisions will be refined and implemented in the mid-year budget process.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of the City of Galt,
California, hereby authorizes the City Manager to enter into an amended and restated license agreement, as set
forth in Exhibit A, incorporated herein by reference, with the Galt Youth Baseball Organization to assume the
responsibilities of the girls' softball program for ages 6 to 14 years and use of the Galt Sport Complex snack bar
pursuant to the terms outlined in the license agreement.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of
original resolutions.
PASSED AND ADOPTED by the City Council of the City of Galt, California, this 17th day of November,
2020, upon a motion by Council Member Lozano, seconded by Council Member Lampson, by the following vote, to
wit:
AYES: Council Members: Lozano, Farmer, Campion, Lampson, Sandhu
NOES: Council Members:
ABSTAIN: Council Members:
i
ABSENT: Council Members:
MAYOR, Cityof Galt
ATTEST: ,
City Clerk, City of Galt
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