HomeMy WebLinkAbout08/21/2001, C5 - BATTING CAGE DONATION council MKS -zi-oi
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CITY OF SAN LUIS OBISPO
FROM: Paul LeSage, Parks and Recreation Director
SUBJECT: BATTING CAGE DONATION
CAO RECOMMENDATION:
1. Approve the recommendations of the Parks and Recreation Commission and the Joint
Use Committee to accept the donation of batting cages in Sinsheimer Park made by the
San Luis Obispo Youth Sports Association.
2. Authorize the Mayor to sign the Donor Agreement.
3. Approve use fee ranging from $3 (for youth) to $8 (for adults) per hour for the cages.
DISCUSSION
The San Luis Obispo Youth Sports Association (YSA) has offered to construct and donate eight
lighted batting cages in Sinsheimer Park. The location (Exhibit A to Attachment 1) is just
beyond the right field fence of the baseball stadium.
The Sinsheimer Park Master plan, approved by the City Council in 1997 designates this portion
of the park for active recreation. Originally, a roller hockey rink was proposed for this location.
However, the expansion of the Santa Rosa Park, Skate Park has freed up more time for roller
hockey at that location. Clearly, a batting cage is the greater community need at this time.
The proposed complex includes eight lighted batting cages and a small support building. The
cages will be designed in a manner that will allow for their use by both baseball and softball
players of all ages and abilities. The cages will also be useable by both groups and individuals.
When the complex is in operation, Parks and Recreation Department staff will supervise it.
Currently, there are no public batting cages available in the community. The need for batting
cages has been expressed for years. Local teams and individuals regularly travel up to 30
minutes to other communities to use the cages located there. Such a complex would take some
strain off the existing overcrowded fields in the City. Several organized teams could practice
there simultaneously.
As with any active facility, the impact it has on the surrounding neighborhood must be
considered. In the case of Sinsheimer Park location, the issues that have been expressed include
traffic, noise, and lighting. Traffic in the neighborhood, as related to park uses, is actually
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Batting Cage Donation
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improving. First, the Cal Poly baseball games have been moved from the park baseball stadium
to an on Campus site. Second, the conversion of the Stockton Softball Field in the park to a
youth baseball facility will significantly decrease the number of games played on that field.
Noise from the cages should be only moderate. In any event, scheduling of the facility can
control the impacts. Simply stated, the noisier the facility is, the earlier it will close. The
additional lighting for the cages will not be noticeable, given the fact that there are two lighted
fields in the park already and that the lighting will be shielded so as to not glare onto adjacent
properties. The project will receive ARC review to resolve any noise and/or lighting issues.
Members of the YSA Board of Directors will go door to door in the Sinsheimer neighborhood
prior to this item coming before Council. They will brief the neighbors on the proposed project.
Any concerns noted in the neighborhood will be addressed in the development.of this project.
The YSA will complete the construction of this project, using a combination of local contractors
and volunteers. The construction will follow standard City practices including: plan check,
permitting, inspection, and insurance.
The cages will be open from after school into the early evenings and on weekends. Extended
hours will coincide with school holidays, (breaks and summer). Some cages will be set aside for
reservations while others will be available on a first come first served basis.
CONCURRENCES
The project was reviewed and unanimously approved by the Joint Use Committee on November
28, 2000.
The project was reviewed and unanimously approved.by the Parks and Recreation Commission
on December 6, 2000.
Since Sinsheimer Park is a Joint Use Site, the Council action on this issue will be reported to the
San Luis Coastal School District, for their review and comment. The procedure is in accordance
with the Joint Use Agreement that governs the operation of Sinsheimer Park.
FISCAL IMPACT
The cost of this project is estimated to be in the $80,000 range. The YSA has secured the
majority of these funds through donations from individuals, groups, and in kind services. At the
time they approved the project, the Joint Use Committee allocated $30,000 of field improvement
funds to support the project as approved in the 1999-01 Capital Plan, Appendix B,page 279.
In anticipation of this donation, the City Council approved an operating budget for the cages in
the 2001-03 Financial Pan. The budget calls for the cages to recover the operating expenses by
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Batting Cage Donation
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the second year of operation. Expenses for the first year, primarily related to equipment
purchases are $17,000. Projection for staff hours is approximately $7,000, with this amount
being offset by revenues.
Youth serving organizations, such as Babe Ruth Baseball, that will make significant donations to
project have asked that the group be given some free use of the cages and an offset to their
expenses. Staff is confident that this can be done over several years while still having the cages
produce the needed revenue to cover the direct operating expenses. The donation would not
guarantee a priority of use for the donating organization. All groups and individuals in the
community who want to use the cages will have equal opportunity to do so.
The proposed use fee ranging from $3 per hour (for youth) to $8 per hour (for adults) is
considerably less than that of the rate found at commercial cages in other communities.
Consistent with current practices, children, teens, and seniors will pay a lower fee than adults.
As with all Parks and Recreation Department fees, scholarships are available for those who are
not able to afford the cost of the program. The proposed fees will allow for the recovery of the
operating costs.
ATTACHMENTS
1. Donor Agreement
Exhibit A—Site Plan
2. Offer donation by the YSA
3. Donor Acceptance Policy
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city of san Luis oBispo ATTACHMENT 1
DONOR AGREEMENT
u
THIS DONOR AGREEMENT is made and entered into the City of San Luis Obispo on
this day of _ , by and between the CITY OF SAN LUIS
OBISPO, a municipal corporation, hereinafter referred to as CITY, and the San Luis Obispo
Youth Sports Association,hereinafter referred to as YSA.
WITNESSETH:
WHEREAS, YSA desires to donate a batting cage; and
WHEREAS, acceptance of such a donation is consistent with City policy;
NOW THEREFORE in consideration of the mutual promises and obligations hereinafter
contained,the parties agree as follows:
1, TERM. The term of this Agreement shall be from the time the Agreement is entered
into until the completion of the batting cage.
2. YSA'S OBLIGATION:
• Construct a batting cage complex of eight (8) lighted cages following the plans
that will beapprovedby the City of San Luis Obispo.
o Follow all City construction procedures including plan check, permitting,
inspection, and insurance requirements.
• The batting cage shall be constructed in Sinsheimer Park, at the location noted in
Exhibit A to this agreement.
3. CITY'S OBLIGATION:
• Review and approve the plans for this project.
• Secure the necessary Commission approvals for the project.
• Designate the batting cage as City property, and accept its long-term, ongoing
maintenance, and operating costs.
• Incur all City development fees.
4. RECOGNITION. This donation shall be recognized in the following manners
• A bronze plague commemorating this donation of a size not to exceed 12" x 14"
shall be placed on the support building.
• The working on the plaque shall- read, "Cages donated for the use of the
community by the San Luis Obispo outh Sports Association".
V
ATTACHMENT 1
5. COMPLETE AGREEMENT. This written Agreement, including all writings
specifically incorporated herein by reference, shall constitute the complete agreement between
the parties hereto. No oral agreement, understanding, or representation not reduced to writing
and specifically incorporated herein shall be of any force or effect, nor shall any such oral
agreement, understanding, or representation be binding upon the parties hereto.
6. NOTICE. All written notices to the parties hereto shall be sent by United States
mail,postage prepaid,by registered or certified mail, addressed as follows:
City of San Luis Obispo City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Donor San Luis Obispo Youth Sports Association
P.O. Box 13509
San Luis Obispo, CA 93406
7. AUTHORITY TO EXECUTE AGREEMENT. Both City and YSA do covenant
that each individual executing this agreement on behalf of each party is a person duly authorized
and empowered to execute Agreements for such party..
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
the day and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By:
Lee Price, City Clerk Allen Settle,Mayor
APPROVED AS TO FORM: DONOR: YSA
San Luis Obispo Youth Sport Association
By:
ffrJ g en, Attorney John Spatafore,President
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Board of Date: Friday July 20, 2001
Directors
John Spatafore To: San Luis Obispo City Council Members
President From: San Luis Obispo Youth Sports Association
Jim Gall Subject: Sinsheimer Park Batting Cage Donation
vice President
an
Hall
Project description: Attached are conceptual plans for a proposed set of
Maggie Cox eight batting cages. The proposed location is in the Sinsheimer park
John Yung stadium area,just beyond the right field fence of the baseball stadium.
The cages have been designed to accommodate practice by both adult and
Bill Thoma youth softball and baseball teams. They will be lighted to allow practice
Donna Lewis after dark, and will also have an "Astroturf'type base to allow practice in
inclement weather. A small storage building is included in the project to
Ex ORieio allow teams to store equipment on the site. This building will also provide
Members space for Parks and Recreation staff members to supervise the site, and
Cal Poly collect rental fees. Each cage will have an electrical outlet that will allow
John McCutcheon the use of a pitching machine.
Rick Johnson
Cuesta College Project benefits: Batting cages are of great benefit to all baseball and
Gil Stork
Robert Mariucci softball players. By holding batting Practice in a confined space the safety
San Luis Coastal of participants (coaches,players and bystanders) is greatly increased, and
nified School District practice time can be used more efficiently as less time is spent chasing
Rory Livingston loose balls. Inside the cages players can utilize pitching machines, batting
Tim Spafford "tees", or live pitching. Screens are used to protect the person pitching the
City of ball or feeding the ball into the pitching machine. Currently there are no
San Luis Obispo
Wendy George batting cage facilities available for public use in the city. Residents must
Paul LeSage travel to Santa Maria to use a facility open to the public. Youth and adult
baseball and softball teams have expressed the need for a facility such as
Volunteer Stair that proposed in this project for many years. The use of an artificial base
Ron Regier for the facility will allow local teams to hold practices soon after heavy
Ad nihistrabve Officer rains. By giving them an alternative to practicing on a muddy turf field
Rich Kriet wear and tear on the city's playing fields should be reduced.
Education and
Communications
Site selection: The proposed site is currently unoccupied. It sits between
George Mead the outfield fence of the baseball stadium and the railroad tracks. The land
5elds and FaciriGes is owned by the San Luis Coastal School District and is utilized by the city
Nancy Cochran under a joint use agreement. In the Sinsheimer Park Master Plan the area
Public Relations was designated as a site for a roller hockey rink. As this need has been
accommodated in Santa Rosa Park there are no other conflicting demands
for the site. This location is centrally located in the city near currently
PO Box 13509
San Luis Obispo
Caufomla 93406
805/549-n02
ATTACHMENT 2
existing baseball and softball facilities. As Parks and Recreation staff
members already monitor this site the use of this location would minimize
any additional costs associated with the supervision of the proposed
facility.
Project costs and sources of funding: An estimated budget of$80,000
has been established for the construction of this project. The San Luis
Obispo Youth Sports Association will be responsible for raising the
money for this site. Wherever possible volunteer labor will be utilized.
Currently the services of a surveyor, architect, and landscape architect
have been donated. The following organizations have committed funding
for the construction of the project: Babe Ruth Baseball, San Luis Girls
Softball Association, Youth Sports Association, the Jansen Foundation,
and the City of San Luis Obispo through the Joint Recreational Use
Committee. We have currently received commitments for over$70,000.
Contact for questions: Should you have any questions regarding this
project please call Richard Kriet. My office phone is 541-4717. My home
phone is 543-0602.
ATTACHMENT 3
RESOLUTION NO. 8965 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A CITY DONATION ACCEPTANCE POLICY
WHEREAS, individuals, community groups, and businesses may wish to make
donations to the City in either cash or in-kind contributions that enhance projects, facilities, and
programs; and
WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to
fund all such needed projects; and
WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to
enhance City programs and/or facilities to provide a higher level of service to the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby adopts the following policy concerning the acceptance of donations:
1. The donation must have a purpose consistent with City goals and objectives
2. The City may decline any donation without comment or cause.
3. The donation will not be in conflict with any provision of the law.
4. The donation will be aesthetically acceptable to the City.
5. The donation will not add to the City's workload unless it provides a net benefit to the
City.
6. The donation will not bring hidden costs such as starting a program the City would be
unwilling to fund when the donation was exhausted.
7. The donation places no restriction on the City, unless agreed to by the City Council.
8. The donation shall become property of the City.
9. All donations will receive recognition appropriate to the level and nature of the donation
as determined by the City. For those of a capital nature, that may be in the form of
signage, marking, or naming. Any naming of Parks and Recreation facilities shall be
consistent with City policy on the naming of such facilities as set forth in Resolution
8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to
appropriately honor the donor for their contribution to the community..The appearance of
traditional commercial advertising shall be avoided.
10. Donations exceeding $5,000 shall be accepted through a written agreement consistent
with these guidelines and approved by the City Council. In-kind capital donations will be
subject to normal City review, permitting, inspection, and insurance requirements.
Upon motion of Council Member Marx seconded by Council Member Ewan, and on the
R 8965 f
['.57— /
Resolution No. 8965 (1999 Series)
Page 2
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of September, 1999.
Mayor Allen Settle
ATTEST:
r
Lee Price, CityClerk
APPROVED AS TO FORM:
Jeffre ore , ClAttorney
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,:TING NDA
DATE #`
memoizanbum
pity o�san Luis os�spo, pariks ana uEcueat�on _
COUNCIL El CDD DIR
DATE: August 21, 2001 2I c 0 ❑ FIN DIR
AO ❑ FIRE CHIEF
TO: CityCouncil ORNEY [I PW DIR
CLERK/ORIG ❑ E CHF
11 DEPT EADPOS EC DIR
FROM: Ken Hampian, City Administrative Officer (gam ❑ UTIL DIR
❑ HR DIR
Via: Paul LeSage, Parks and Recreation Director
SUBJECT: Clarification of item C-5, The Batting Cage Donation 11ONnoo ALIO OSS
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Overview a3A1303d
Council member Ewan has asked several good points related to Item C-5 on the agenda
and this supplemental recommendation and information attempts to respond to these -
issues.
Proposed Added CAO Recommendation
4. Direct the CAO to enter into agreements with sports organizations for the use of the
batting cages, consistent with the principles outlined in this supplement to the agenda
report.
Discussion
The Staff Report on this item makes reference to youth sports groups providing funding
to the Youth Sports Association for the construction of the batting cages. While the exact
amount has not been finalized, it will be in the range of$25,000 and could come from as
many as four organizations (the balance of the $80,000 capital need will come from a.
combination of City funds, and funds raised by the Youth Sports Association). The sports
groups have indicated that in exchange for-this funding, they want no cost use of the
cages for their organization, for a period of time that is equal to the value of their
donation. For example, one organization might donate $3,000; they would expect 1,000
hours of cage use, based on the$3 per hour use fee.
A question asked is: Is this component of funding truly donations or are they technically
pre-payments of use fees? Pre-payment of fees is probably a more accurate description.
But what ever the proper name this arrangement is a win-win for the City and the sports
groups. The donation/pre-payment allows the City to accept a needed recreation facility
without the expenditure of Capital funding. By prepaying fees to use the cages, the
organizations will not have to do additional fundraising for several years.
One potential problem in this arrangement might be hard feelings among the sports
organizations that could spill over to the parents and players. Teams from some groups
will able to use the cages at no cost because of their initial contribution. Leagues that
were not able to participate up front would then be paying as they use the cages. This
could lead to problems, especially over time as the administration of the leagues change.
Without any history of the origins of the cages, it could be perceived that some
organizations receive free use of the cages, while others must pay.
In order to alleviate this problem, agreements for use of the cages between the City of
San Luis Obispo and the various organizations has been proposed. With Council
direction to do so, staff will prepare an agreement, to be executed by the CAO, based on
these principles:
1. Batting cages will be available to sports organizations on an equitable basis,
regardless of fees being pre-paid or not. The cages use will be distributed in the
same manner as field use is now determined..
2. No more than one half the available batting cage time [four cages] will be
available for sports organization use.
3. Leagues will receive use credit for pre-payment of fees, at an hourly rate to be
determined each year of use. Once the pre-paid amount is used up, the league will
be expected to pay the hourly rate for use of the cages. For youth programs that
rate would be $3 per hour during the first year of use.
4. Only an organized team under the supervision of a coach or league official would
be able to use the cages under the terms of this agreement. Players from the
league would be able to use the cages on their own, and at their own expense, as
would any member of the public.
5. The use of the cages under this agreement would be limited to the league and
tournament seasons of the organizations.
6. The organizations may not assign the use of the cages, under terms of this
agreement, to other organizations or individuals.
7. The agreements will also contain the standard hold and waiver of liability clauses.
Finally, Council is reminded that under current City fiscal practices, fees may be-waived,
or scholarships given in cases of need. No one [or no organization] would be turned away
from the batting cages due to an inability to pay the fees, if such were verified to be the
case.
The forgoing information does not change the proposed donor agreement or recognition,
in that a substantial portion of the funding has been made available through YSA without
any expectation of"trade".
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