HomeMy WebLinkAbout93-021 Innovative Housing 93-021 INNOVATIVE HOUSING
4
Y(IF U PERTINO
,APSE AND CARET MR AGREEMENT
FOR �IldI16 1FItD ICE Il`1 I�/IeCLEI,LAN R 14TCIEI PARK
This Lease and Caretaker Agreement("AGREEMENT") is made by and between the City of Cupertino
("CITY')and Innovative Housing,Inc.("LESSEE').
The building to be leased by this AGREEMENT is commonly known as the"Simms House",and more
particularly described as 22241 McClellan Road,McClellan Ranch Park,City of Cupertino,County of Santa Clara,
State of California,("the"BUILDING").
Ti-ds AGREEMENT is entered for the purpose of making available for lease of a building owned by CITY
on the condition that: (1)the residents of the BUILDING qualify under the State of California and Federal Income
Limits of very-low and low-income persons, and (2) that LESSEE is responsible for Caretaking duties of the
BUILDING site as set forth in the terms of this AGREEMENT.
CITY AND LESSEF.AGREE AS FOLLOWS:
1. LEASE TERM: THE, LEASE OF THE building shall commence on August 1, 1993 and end three years
later,on July 31, 1996 at which time the lease may be renegotiated after evaluation by the CITY.
2. RFC: Rent shall be $900.00 per Month payable in advance on the 15th day of each calendar month.
LESSEE shall pay rent to CITY at 10300 Torre Avenue,Cupertino,California,Atwntion: Finance Director,Room
101. In the event rent is not paid within 10 days after the due date, rent is deemed late and delinquent and a late
charge of$20.00 plus interest at the rate of 10%per annum on the delinquent amount shalt be assessed. LESSEE
further agrees to pay$20.00 for each dishonored bank check.
3. SECURITY DEPOSIT: A security deposit in the amount of$225.00, not applicable toward the last
month's rental payment,shall be due and payable on the 15th day of July, 1993.
d. UTII.ITIES: LESSEE shall be responsible for the payment of all utility bills applicable to the
BUILDING during the term of this leases.
5. TENANTS: LESSEE shall be responsible for screening prospective tenants and assuring that each
tenant allowed to reside in the BUILDING qualifies under the State and Federal Income Limits of very-low and low
income. Further,LESSEE,will give preference to persons who live,work,and go to school or have families in the
City of Cupertino. Guests shall not be allowed to stay in the BUILDING more than five (5) days without first
obtaining the written consent of CITY.
6. U=�BLETTING AND ASSIG LESSEE shall not assign, sublet or transfer this lease or any
portion thereof. Any attempt to assign,sublet,or transfer shall be void and shall grant CITY grounds for terminating
this lease.
7. INSURANCE: LESSEE shall maintain insurance as outlined in the Insurance and Indemnity
Requirements,as set forth in Exhibit"B',attached hereto and incorporated herein by this reference.
8. ANIMALS: No animal or other pet (except for properly trained dogs needed for the blind, deaf or
physically handicapped persons),shall be kept on or about the premises without the prior written consent of CITY.
9. ORDINANCES AND STD, : Tenant(s)shall comply with Cupertino's Municipal Code and
all State and Federal Statutes and Ordinances now in force,or which hereafter be in force,pertaining to the use of
the BUILDING and McClellan Ranch Park.
10. MAINTENANCE AND R>?PA $_: Tenant(s)shall,at their own expense,maintain the BUILDING
in a clean and sanitary manner,including all equipment,appliances,and furnishings therein and shall surrender the
BUILDING,upon the termination of this AGREEMENT,in as good condition as received,except for normal wear
and tear. Tenant(s) shall be fully responsible for damages caused by their negligence and that of their family,
invitees or guests. Tenant(s) shall not paint, paper or make alterations to the BUILDING without prior written
consent from CITY. Tenant(s)shall maintain any surrounding grounds,which are part of the BUILDING site and
are for the exclusive use of Tenant(s),including any lawn,ground cover,and shrubbery and keep such grounds clear
of rubbish and weeds. the lawn or other ground cover may be located within a fenced area,not to exceed 30 feet by
30 feet, behind the BUILDING, and contain landscaping which is natural as possible, to be compatible with the
surrounding park environment.
it. INDEMNIFICATION: CITY shall not be liable for any damage or injury to Tenant(s),or any other
person,or to any property,occurring in the BUILDING or on any part of the BUILDING site,and Tenant(s)agree to
hold CITY harmless from any claims for damages, unless such damage is the proximate result of negligence or
unlawful conduct of CITY,its agents or employees.
1a ENTRY AND INSPECTION: CITY shall have the right to enter the BUILDING, during normal
business hours upon a 24 hour prior notice to Tenant(s), to inspect, make necessary or agreed on repairs or
alterations,supply necessary or agreed on services or to provide access for necessary or agreed on service people or
:contractors.
13. CARETAKER DUTIES: AE Caretaker(s) of the BUILDING and the surrounding grounds,
Tenant(s)promise to do the following:
(a) obtain training from the City's Naturalist and become familiar with the McClellan Ranch Park rules and
Chapter 13 of the Cupertino Municipal Code,which governs the use of parks and buildings of CITY. Periodically
check the BUILDING and the surrounding 3.1 acres and report to CITY'S code enforcement any violations of the
above referenced regulations round by Tenant(s) (a copy of Cupertino Municipal Code, Chapter 13, is attached
hereto as Exhibit"C");
(b) notify the CITY'S Parks and Recreation office prior to any absence from the BUILDING for any
extended period of time;
(c) keep the access gate open during daylight hours and closed at all other times;
(d) report incidents, such as park misuse and vandalism, and any emergencies such as burgarlies to the
McClellan Ranch Caretaker. If the McClellan Ranch Caretaker is unavailable,contact the Sheriffs office. In the
event the Sheriffs office is involved,report the incident to the Director of Parks and Recreation. (CITY will furnish
LESSEE with a list of contact numbers prior to occupancy of the BUILDING)
1^. RETURN OF KEYS: Upon termination of this AGREEMENT,the keys to the BUILDING,including
rli duplicated sets, are to be hand delivered to CITY'S Parks and Recreation Director or an authorized
representative.
15. BOLDING OVER: Any holding over after the expiration of the lease term,with the written consent
of CITY,shall be construed as a Month-to-Month tenancy in accordance with the terms of this AGREEMENT,until
either party terminates the tenancy by giving the other party thirty(30)days written notice delivered by certified
mail.
16. GROUNDS FOR TERMINATION: CITY retains the right to terminate this AGREEMENT upon
any breach by LE^SEB and/or Tenant(s)of any material term,provision,covenant or condition contain herein.
17. SEVERABILITY: If any term,provision,covenant or condition of this AGREEMENT is held by a
court to be invalid, void or unenforceable,the rest of the AGREEMENT shall remain in full force and effect and
shall in no way be affected,impaired or invalidated.
I& WAIVER; The feilure of CITY to exercise any right hereunder shall not constitute waiver of such
right.
19. ARBITR TIO In the event any dispute arises between CITY and LESSEE and/or Tenant(s)
regarding their respective rights and obligations under this AGREEMENT, such dispute shall be submitted to
binding arbitration.
= ;a
20. ATTORNEY'S FEES If legal action is commenced to enforce or to declare the effect of any provision
of this AGREEMENT,the prevailing party shall be awarded attorrtey's fees and txfsLs incurred it such action.
21. Time is of the essence of this AGREEMENT.
22. EXHIBITS: All exhibits hereto, specifically Exhibit"A"Project Proposal Cover Page,Exhibit"B"
Insurance and Indemnify Requirements with Certificate of Insurance,and Exhibit"C"Chapter 13 of Cupertino's
Municipal Code are incorporated herein and made part of this AGREEMENT by this reference.
23. ENTIRE AGREE •NT• This AGREEMENT,consisting of four(4)pages,constitutes the entire
AGREEMENT and supersedes any prior agreement between the parties hereto.
LESSEE has executed this lease and Caretaker Agreement for Simms House in McClellan Ranch Park on
this 26th day Uf July , 1993.
t
B
Eff -CUTIVE D CT OR, ovative Housing,Inc.
CITY has executed this lease and Caretaker Agreeme for S'} s in McClellan Ranch Park on
this 30th day of July, 1993. f
By:
B WN,City Manager
Attested By:11
CITY CLERIC
Approved as to Form: j
CITY ATTORNEY
Attachments:
Exhibit A Project Proposal Cover Page
Exhibit B-Insurance and Indemnity Requirements
Exhibit C-Cupertino Municipal Code,Chapter 13
Exhibit A
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CITY OF CUPERTINO
HOUSING AND SERVICES PROPOSAL
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Project - .. .. ....K:.i Title: 11;jpi�j �:<: 4 uQ ,;<y..?:Y{�;: Total Pro eel Budget,
Eark Caretaker Services fo SiMM Housel
Contact Person: Title:
Maria Martin Interim Director Interim Director
Organization: Address:
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Palo Alto, CA 94301
Executive Director (Please Print): Ex ullve Dlreclol's lure,
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I. PROJECT DESCRIPTION
A. Project Summary (Be specific. Include information such as number of units to be
constructed, number of persons served, services provided, etc., as applicable.) Por this
question only, .non-profit housing developers will be allowed to use
attachments, such as pro formal, site plans, etc.
Innovative Housing will provide shared housing for single
parent families in a house leased from the City of
Cupertino (the Simms house) . The residents of the
house will be responsible for park caretaker responsibilities
as outlined in the agreement between Innovative Housing
and the City of Cupertino.
Innovative Housing will screen , train and counsel
prospective residents whose incomes shall not exceed
the state and federal guidelines for low income .
Prospective residents will be referred to Innovative
Housing by local agen^ies such as Cupertino Community
Services , many of whose clients have housing difficulties .
IH will form a compatible household through its workshops
and train residents in living skills and patk•-custodial
responsibilities . IH will provide extensive supportive
services for the household and for individual residents .
Preference will be given to applicants who live,
work , go to school or have families in cupertino.
IH will make appropriate referrals to other housing
agencies when IH has no openings .
1
Exhlblt 8
EXEIIM B
Insurance and Indemnity Requir��ents
Indemnity: Corporation agrees to indemnify and hold harmless
the City of C.'14aertino, its officers, eMloyees and elected officials,
boards and commissions from all suits, actions, claims, causes of
action, costs, demands, judgnm*s and liens arising out of the
Corporation's performance under the AGREEMERP, including the
Corporation's failure to ooaply with or carry out any of the
provisions of the AGREEME '.
Insurance: Corporation shall take out prior to amv,exXYM*nt of
the performance of the terms of the AGRRErffidr, pay for, and maintain
until completion of the AGREEKER', the following types of Policies.
These Policies must cover at least the following, which are minumum
coverages and limits.
rehe;Lsive General Liability including the
following:
A. Premises Operations (including conpleted operations, if
the exposure exists) .
B. Broad Form Blanket Contractual.
C. Personal Injury coverages A, B and C.
1. All coverages must have a mina mum of $500,000
combined single limit.
I I. Comprehensive Auto Policy to cover:
A. Non-awned.
B. Hired Auto.
1. These coverages must have a mi.n mum of $500,000
ccanbined single limit for bodily injury and property damages.
III. Errors or Omissions coverage for attorneys and paralegals
with a mintmnmm limit of $500,000 per occurrence ecanbined single limit
with no more than $1,000 deductible per occurrence (where scope of
services provides for attorneys and paralegals.)
pl. Medical Malpractice Inguranae t Miniim= limits of $500,000
per occurrence with no greater deductible than $1,000 per
occurrence.rence. This is to cover all medical staff associated with the
Corporation, such as, but not limited to, doctors, nurses, and
paramedicais, (where scope of services provides for medical staff.)
v. workers pgMensatione Coverage with the statutory limit of
liability and $1,000,000 enployer's liability.
L:ndorsanents: On all required insurance the tollcxa
endorsements must be a part of each ioolicv.
A. Ihe City of C4)extino, its officers and enployees, and
agents are to be additional insured.
B. Ihirty (30) days notice of cancellation or reduction in
coverage of any nature must be given to the City of Crtino.
C. Zhe insurance policies must be endorsed to show that
they are primary, and any other valid and collectible insurance the
City of Cjprtino may have will be excess only.
D. All insurance policies must be satisfactory to the City
of Cupertino.
marilyn\mist\simns
..Exhibit C
.e.
Title 13
PARKS
Chapters:
13.04 General Regulations
345
13.04.010
Chapter 13.04 use of the parks and recreation buildings of the
City in order that all persons may enjoy and
GENERAL REGULATIONS make use of such parks and buildings and to
protect the rights of those in the surrounding
Sections: areas.(Ord. 531 § 1, 1972)
13.04.010 Purpose.
13.04.020 Definitions. 13.04.020 Definitions.
13.04.030 Compliance required. The following words and phrases, whenever
13.04.040 Park and/or building permit—
used in this chapter,shall be construed as defined
Required.
in this section:
13.04.050 Park and/or building permit—
Application. A. "Buildings" includes those buildings, or
13.04.060 Park and/or building permit— any portion thereof,under the supervision of the
Contents. parks and recreation department made available
to exclusive use permittees.
13.04.070 Park and/or building permit—
B. "City" means the City of Cupertino.
Granting or denial.
13.04.080 Park and/or building permit— C. "City Manager" means the City Manager
Appeal of the City of Cupertino.
13.04.090 Park and/or building permit— D. "Park" means a park, reservation, play-
Fees and deposit. ground,swimming pool,recreation center or any
13.04.100 bark and/or building permit— other area in the City,owned or used by the City
Liability. or county and devoted to active or passive recrea-
13.04.110 Park and/or building permit— tions.
Revocation. E. "Permit" means a permit for exclusive use
13.04.120 Use of park property. of parks or buildings as provided for and defined
13.04.130 Behavior of persons in parks. in this chapter.
13.04.140 Sanitation requirements. F. "Persons" include persons, associations,
13.04.150 Vehicle requirements. partnerships, firms and corporations, or any
13.04.160 Swimming restrictions. company organization of any kind.
13.04.170 Picnic area use restrictions. G. "Sound amplifying equipment" means
13.04.180 Advertising and sale any machine or device for the amplification of
restrictions. the human voice, music, or any other sound.
13.04.190 Closing hours—Prohibitions. "Sound amplifying equipment" does not
13.04.191 Towing of vehicles remaining include standard automobile radios when used
after closing hours. and heard only by the occupants of the vehicle in
13.04.200 Closing sections of parks. which the automobile radio is installed. "Sound
13.04.201 Nature and/or rural preserve. amplifying equipment," as used in this section,
13.04.202 Regulations and guidelines. does not include warning devices on authorized
13.04.210 Lost articles. emergency vehicles or horns or other warning
13.04.220 Administrative authority. devices of any vehicle used only for traffic safety
13.04.230 Enforcement authority. purposes.
13.04.240 Violation—Penalty. H. "Vehicle" means any wheeled con-
veyance, whether motor-powered, animal-
13.04.010 Purpose. drawn, or self-propelled. The term includes any
The purpose of this chapter is to regulate the trailer in tow of any size, kind or description.
347
13.04.020
Exception is made for baby carriages, wheel- before the date such proposed activity is to be
chairs, and vehicles in the service of the City conducted. (Ord. 531 § 5, 1972)
parks.
1. "Nature and/or rural preserve" means a 13.04.060 Park and/or building permit—
park so designated by the City Council pursuant Contents.
to Section 13.04.201.(Ord. 710(part), 1975;Ord. The application shall contain the following:
531 § 2, 1972) t A. Name of the applicant, the sponsoring
organization, and the name of the person in
13.04.030 Compliance required. charge of the proposed activity;
No person shall enter, be, or remain in any B. The addresses and telephone numbers of
park or building of the City unless he complies those named in subsection A. above;
with all of the regulations set forth in this chapter C. The park and/or building, or room being
applicable to such park or building.(Ord.531 §3, applied for;
1972) D. The starting time of the proposed activity;
E. The finishing time of the proposed activity;
13.04.040 Park and/or building permit— F. The number of persons expected;
Required. G. .Additional City facilities requested, such
The City's parks and/or buildings shall be as personnel, tables, chairs, etc.;
made available for the exclusive use of persons t-I. The nature of the proposed activity or
and groups subject to the issuance of a permit b; activities including equipment and vehicles to be
the City Manag.-r, No exclusive use of any park brought into the park,nature and duration of the
and/or buildings for pre-advertised assemblies or use of any amplified sound, whether speech or
groups may be made without the issuance of a music;
permit therefor.All applications for exclusive use 1. The form of application shall be provided
must be signed or cosigned by an adult, which or prescribed by the parks and recreation depart-
adult shall agree to be responsible for said ment. (Ord. 531 § b, 1972)
exclusive use. No exclusive use permit will be
granted if, prior to the time the application was 13.04.070 Park and/or building permit—
filed, the City has scheduled a City-sponsored Granting or denial.
event at the same time and place as the activity A. -file City Manager shall grant or deny such
proposed in the application;if the requested time application on or before four days after the tiling
and place has been pre-empted by a previously of the application unless the time for such grant-
issued permit, or if cause for denial is found to ing or denial of the permit has been waived by the
exist. (Ord. 531 § 4, 1972) applicant in writing. The decision granting or
denying said application shall be mailed to the
13.04.050 Park and/or building permit— applicant.
Application. B. The City Manager, in granting the applica-
Any person applying for a permit hereunder tion, may impose reasonable requirements and
shall file an application for such permit with the conditions concerning the use of the park or
City Manager riot less than fourteen days nor building by the applicant.
more than sixty days prior to the proposed use of C. The City Manager shall grant the applica-
said park and/or building. The City Manager, :ion when the application contains information
where good cause is shown therefor, shall have showing that the number of persons expected at
the authority to consider any application here- the activity complies with the occupancy load of
under which is filed less than fourteen days the building and upon granting such permit may
348
13.04.070
impose reasonable requirements and conditions Council.A notice of appeal shall be filed with the
concerning the use of said building with respect City Clerk within five days of the City Manager's
to time and duration of use and number of per- mailing the notice of denial of the application for
sons allowed in the building. a permit. The City Council shall act upon the
D. The City Manager may grant the applica- appeal at its next meeting following receipt of
tion for a building other than that applied for notice of appeal and its decision shall be final.
with the consent of the applicant in the event that (Ord. 531 § 8, 1972
z permit has already been issued for,said building
or that the building does not meet the occupancy
load requirements. In the event that more than 13.04.090 Park and/or building permit—Fees
one application is received for one park or build- and deposit.
ing for use at the same time, the City Manager Upon the granting ofa permit under this chap-
shall first act upon the application first received. ter, any ',,es or deposits required for the use of
E. The City Manager shall deny the applica- Citv pet-onnel, building, equipment, and faci{i-
tion if he finds: ties shall be contained in said permit and said fees
1. That the proposed activity or use will or deposits shall be paid by the applicant within
unreasonably interfere, or detract from the pro- ten days of the receipt of said permit. If said fees
motion of the public health, welfare, safety and or deposits are not paid within said ten days,
recreation; then, in that event, the permit therefor issued
2. That the proposed activity or use is antici- shall be null and void:
pated to incite violence,crime or disorderly con- A. Building fees and charges have been estab-
duct; lished and are regulated by the type of organiza-
3. That the proposed activity or use will entail
tion or individual usage proposed by the
unusual, extraordinary, or burdensome expense
application and such fees are subject to change as
or police operation by the City;
4. That the Citv has scheduled an activity at required by personne; or City costs;
the same time and place as the activit_y proposed B. Building deposit fees are refundable upon
by the applicant; approval of the City Manager, providing no
5. That the application reveals that the City damage arises from applicant's usage.(Ord. 531 §
has no park which will accommodate the activity 9, 1972)
of the applicant;
6. That the applicant refuses to agree in writ- 13.04.100 Park and/or building permit—
ing to comply with any and all conditions in the Liability.
permit; Persons to whom an exclusive use permit has
7. That the applicant fails to file a timely
application, unless waived in writing by the City been granted must agree in writing to hold the
Manager. City harmless and indemnify the City from any
F. All denials for applications for permits and all liability for injury to persons or property
shall specify the grounds therefor. (Ord. 531 § 7, ocurring as a result of the activity sponsored by
1972) the permittee and said person shall be liable to
the City for any and all damage to parks, facili-
13.04.080 Park and/or building permit— ties, and buildings owned by tK: City, which
Appeal, results front the activity of permiVo,-.or is caused
The applicant shall have the right to appeal the by any participant in said activity.(Ord.531§ 10,
denial of permit by the City Manager to the City 1972)
349
13.04.110
13.04.110 Park and/or building permit— injure or impair the natural beauty or usefulness
Revocation. of any areas;
The City Manager shall have the authority to G. Climb any tree or walk, stand or sit upon
refuse a permit upon a finding that any use or any monuments, vases, fountains, railing,
activity is in violation of the provisions of this fences; or upon any other property not desig-
chapter,or any other ordinance of the City,or of nated or customarily used for such purposes;
any rule promulgated hereunder, or upon good H. Hunt, molest, harm, frighten, kill, trap.
cause shcwn. (Ord. 531 § 11, 1972) chase, tease, shoot or throw missiles at any an".-
mal,reptile,or bird;nor shall any person remove
or have in his possession the young of any wild
13.04.120 Use of park property. animal,or the eggs or nest or young of any reptue
No person in a park shall do any of the follow-
or bird. Exception to the foregoing is made in
ing: that snakes known to be deadly poisonous, such
A. Wilfully mark, deface, disfigure, injure, as rattlesnakes; or other deadly reptiles may be
tamper with or displace or remove any buildings, killed on sight;
bridges, tables, benches, fireplaces, railing, pav- 1. Use and system for amplifying sounds,
ing or paving material,water lines or other public whether for speech or music or otherwise, unless
utilities or parts or appurtenances whatsoever, an exclusive use permit is first secured.(Ord. 531
either real or personal; § 12, 1972)
B. Litter, soil or defile restrooms. No person
over the age of six years shall use restrooms and 13.04.130 Behavior of persons in parks.
washrooms designed for the opposite sex; No person in a park shall do any of the follow-
C. Dig or remove any soil, rock,stones, trees, ing.
shrubs or plants, down timber or other wood or A. Bring to a park any alcoholic beverages,
materials, or make any excavation by tool, and no person may drink alcoholic beverages at
equipment, blasting or other means or agency. It any time in a park. Picicnickers may bring to a
is unlawful to gather firewood or to collect.within park, and drink, beer or wine with their picaic
the park any type of plant material for the pur- lunches,so long as they conduct themselves in an
pose of building a campfire; orderly manner;
D. Construct or erect any building or struc- B. Enter or remain in a park while under the
Lure of whatever kind, whether permanent or influence of intoxicating liquor or any drug;
temporary in character,or run or string any pub- C. Have brought,or have in his possession,or
lic service utility into, upon or across such lands, set ofT,or otherwise cause to explode or discharge
except on special written permit issued under or burn, any firecrackers, torpedoes, rockets, or
this chapter; other fireworks or explosives of inflammable
E. Go upon any lawn or grass plot, where material, or discharge them or throw them into
prohibited by the parks and recreation depart- any such area from land or any highway adjacent
ment,and where such prohibition is indicated by thereto.This prohibition includes any substance,
proper and legible signs; compound, mixture or article that, in conjunc-
F. Damage, cut, carve, transplant or remove tion with any other substance or compound
any tree or plant, or injure the bark, or pick the would be dangerous from any of ie foregoing
flowers or seeds of any tree or plant.Nor shall any standpoints;
person attach any rope, wire, or other contriv- D. No person having the control or care of
ance to any tree or plant. No person shall dig in, any dog shall suffer or permit such dog to enter or
or otherwise disturb any grass area,or in any way remain in a park,unless posted for such use,and —�
350
13.04.130
then only'[fit is led by a leash of suitable strength 13.04.140 Sanitation requirements.
not more than six feet in length: and the owner No person in a park shall do any of the follow-
and the attendant shall be responsible for any ifig:
damage caused,1n any event,by such dog,even if A. Throw, discharge or otherwise place or
on leash; cause to be placed in the waters of any fountain,
E. Lead, ride,drive, keep or let loose any ani- pond,lake,stream,bay or other body of water in
mal,reptile or fowl of any kind,without a permit or adjacent to any park or any tributary, stream,
to do so from the Director of parks and recrea- storm sewer or drain (lowing into such waters,
Lion; any substance, matter or thing, liquid or solid,
F. Make or kindle a fire for any purpose, which will or may result in the pollution of such
except at places provided for such purpose, waters;
unless prior special permission be obtained B. Dump,depositor leave any bottles,broken
therefor from the Director; glass,ashes,paper,boxes,cans,refuse or trash on
G. Enter an area posted as "Closed to the the grounds thereof.Such items shall be placed in
Public,"and no person shall use, or abet the use the proper receptacles where these are provided;
of'. any area in vIoiation of posted notices; and, where such receptacles are not provided,all
H. Play or bet at or against any game which is such rubbish or waste shall be carried awav from.
played, conducted, dealt, or carried on for the park by the person responsible for its pres-
money,chips,shell,credit or any other represen- ence, and properly disposed of elsewhere. (Ord.
tative of value, or maintain or exhibit any gam- 53! § 14, i 7 2)
bling table or other instrument of gambling or
gaming, or play any game prohibited by any 13.P4.150 Vehicle requirements.
other ordinance of the City, No person in the park shall do any of the
1. Sleep, or protractedly lounge, on the seats, following:
benches, or other areas, or engage in loud, hots- A. Fail to comply with all applicable provi-
terOUS, threatening, abusive, insulting, or indc- lions of the Vehicle Code of the state in regard to
cent language, or engage in any disorderly equipment and operation of vehicles, together
conduct or behavior tending to a breach of the with such regulations as are contained in this
public peace; chapter and any other ordinances of the City
J. Use, carry, or possess firearms of any regulating traffic;
description, or air rifles, spring guns, bow and B. Fa,", to obey all traffic officers and park
arrows, slings or any other forms of weapons employees who are hereafter authorized and
potentially dangerous to wild life or to human instructed to direct traffic in the parks in accord-
safety. Shooting into park areas from beyond ance with the provisions of this chapter and such
park boundaries is prohibited; supplementary regulations as may be issued by
K. Solicit alms or contributions for any pur- the Director;
pose_, whether public or private, without prior C. Fail to observe carefully all traffic signs
permission from the City Council, indicating speed, direction, caution, stopping or
L. Use or allow the use of powered model parking and all other signs posted for proper
airplanes except in areas so designated by the control and to safeguard life and property;
department of parks and recreation; D. Ride or drive a vehicle at a rate of speed
M. Play or practice golf or use golf clubs in exceeding fifteen miles an hour, except upon
any area of the park not designated for such use; such roads as the City may designate by posted
N. indulge in riotous,boisterous, threatening signs for speedier travel;
or indecent conduct. (Ord. 531 § 13. 1972) E. Drive any vehicle on any area except paved
351
13.04.150
roads or parking areas,or such other areas as may 13.04.170 Picnic area use restrictions.
be specifically designated as temporary parking No person in a park shall do any of the follow-
areas by the department of parks and recreation; i11g:
F Park a vehicle in other than an established A. Picnic or lunch in a place other than one
or designated parking area,and such use shall be designated for that purpose. Attendants shall
in accordance with the posted directions there, have the authority to regulate the activities in
and with the instructions of any attendant who such areas,when necessary to prevent congestion
may be present; and to secure the maximum use of the park
G. Ride a motorcycle, motor bike, or similar facilities for the comfort and convenience of all.
vehicle in any park, except where used to trans- Visitors shall comply with any directions given to
port invalid persons, achieve this end. Individual fireplaces or tables
H. Ride a bicycle on other than a paved road and benches shall be used on the basis of"first
or path designated for that purpose. A bicyclist come, first served";
shall be permitted to wheel or push a bicycle by B. Use any portion of the picnic areas,or any
hand over any grassy area or wooded trail, or on of the park buiidings or structures for the purpose
any paved area reserved for pedestrian use; of holding picnics, to the exclusion of other per-
t. Ride a bicycle other than on the righthand sons,and no person shall use such area and facili-
side of the road paving as close as conditions ties for an unreasonable length of time if they are
permit, and bicycles shall h-1 kept in single file crowded;
when two or more are operating as a group. C. Leave a picnic area before a fire started or
Bicyclists shall at all times operate their machine later used by him is completely extinguished.
with reasonable regard to the safety of others, (Ord. 531 § l7, 1972}
signal all turns,pass to the left of any vehicle they
are overtaking and pass to the right of any vehi- 13.04.180 Advertising and sale. restrictions.
Iles they may be meeting; A. No person in a pal k shall, without prior
J. Ride any other person on a bicycle, except permission from the City Council, do any of the
where the bicycle is built for operation by more following:
than one person; I. Expose or offer fur sale any article or thing,
K. Leave a bicycle in a place other than a nor shall he station or place any stand, cart or
bicycle rack where a bicycle rack is provided and vehicle for the transportation, sale or display of
there is space available; any such article or thing;
L. Leave a bicycle tying on the ground or 2. Announce, advertise or call the public
paving, or set against trees, or in any place or attention in any way to any article or service for
position where other persons may trip over or be sale or hire;
injured by it. (Ord. 531 § 15, 1972) 3. Paste,glue, tack or otheiwke post any sign,
placard, advertisement or inscr{ption.
B. In addition, in order to insure the public
13.04.160 Swimming restrictions. safety, health and general welfare, no person
No person in a park shall swim,bathe,wade in shall expose or offer for sale any article or thing,
or pollute the eater of any fountain, pond, lake nor shall he station or place any stand, cart or
or stream, except that wading and swimming vehicle for the sale or display of any article or
shall be permitted in pools specifically provided thing, on a public street, within one thousand
for these purposes,and so posted.(Ord. 531 § 16, feet in a straight line from the nearest boundary
1972) of any park. (Ord. 531 § 18, 1972) --�
352
s
13.04.190
13.04.190 Closing hours—Prohibitions. City Council either by ordinance or resolution as
No person in a park shall do any of the follow- a nature and/or rural preserve, in which event it
ing: shall bt Ased and treated in a manner consistent
A. Remain, stay or loiter in any public park, therewith.
between the hours of ten p.m.and six a.m.of the B. Uses shall be limited to those which will
following day.or as may otherwise be designated maintain and protect the ecology of the area.
by minute order or resolution of the City Coun- conserve the natural features an(i scenic values,
cil.The opening and closing hours for each indi- expand community awareness ar.d understand+-
vidual park shall be posted therein by the ing of natural history and the environment,and
department of parks and recreation for public provide enjoyment of the resources present con-
information; sistent with their preservation.
B. Set up tents or other temporary shelter for C. McClellan Ranch hark is designated a
the purpose of overnight camping, nor shall any nature and rural preserve.Qrd.710(part), 1975)
person park or leave in a park, after closing
hours, anv vehicle or movable structure to be 13.04.202 Regulations and guidelines.
used, or that counld be used, for such purposes, The City Council shall by resolution adopt
such as a horse trailer, camp trailer, pickup regulations controlling the use and guidelines
camper, or the like; pertaining to the development of any part desig-
C. Park or leave in a park,after closing hours, nated as a nature and/or rural preserve.Any such
any vehicle. Signs shall be posted at all park regulations adopted by the City Council shall,
entrances to notify park visitors of the effects of where inconsistent therewith, take precedence
paragraph C of this section. (Ord. 754 § 1, 1976: over any general regulations contained in Chap-
Ord. 670 § 1, 1974; Ord. 531 § 19, 1972) ter 13.04. (Ord. 710(part). 1975)
13.04.191 Towing of vehicles remaining after 13 04 210 Lost articles.
closing hours. The finding of lost articles in parks shall be
Any vehicle or movable structure left in a park reported to the department of parks and recrea-
afterclosing hours may be towed away to a public tion or the park department personnel on duty.
garage at the owner's expense. Signs shall be (Ord. 531 § 21, 1972)
posted at all park entrances to notify park visitors
of the effects of this section. (Ord. 752 § 1, 1976)
13.04.220 Administrative authority.
13.04.200 Closing sections of parks. There is conferred upon the City Manager
Any section or part of a park may be declared those powers and duties necessary for the admin-
closed to the public by the Director of parks and istration of this chapter. 1n addition,there is also
recreation at any time, and for any interval of conferred upon the City Manager the authority
time, either temporarily or at regular and stated and power to designate such City officers and
intervals(daily or otherwise),and either entirely employees as may be required to carry out the
or merely to'certain uses, as the Director may intent and purpose ofthis chapter.(Ord.531§22,
reasonably find necessary. (Ord. 531 § 20, 1972) 1972)
13.04.201 Nature and/or rural preserve. 13.04.230 Enforcement authority,
A. Any park characterized by such unique The parks foreman,all park attendants and/or
natural features that it is deemed a valuable and all peace officers authorized or directed by the
irreplaceable resource may be designated by the City shall be responsible for the enforcement of
353
A
13.04.230 •
the provisions of the chapter and of any rule
promulgated hereunder. (Ord. 531 §23, 1972)
13.04.240 Violation--Penalty.
Any person who violates the provisions of this
chapter shall be guilty of an infraction and upon
conviction thereof shall be punished as provided
in Chapter 1.12.(Ord. 1179§2(part), 1982:Ord.
531 § 25, 1972)
354