HomeMy WebLinkAbout01/22/2002, C2 - FINAL LEASE AGREEMENT FOR THE EL CHORRO REGIONAL PARK-SOFTBALL FIELDS counat Ma*"7 2Z-0Z
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CITY OF SAN LUIS O B I S P O
FROM: �. Paul LeSage,Parks and Recreation Director
SUBJECT: FINAL LEASE AGREEMENT FOR THE
EL CHORRO REGIONAL PARK-SOFTBALL FIELDS
CAO RECOMMENDATIONS
As recommended by the Joint Use Committee and the Parks and Recreation Commission, adopt
a resolution approving an agreement with the County of San Luis Obispo to cover the
improvements to and subsequent operation of the El Chorro Regional Park Softball Fields.
DISCUSSION
Background
In order to implement the Major City Goal of additional lighted softball fields, the City Council
approved a Capital Improvement Project calling for the upgrading of two fields in El Chorro
Regional Park. El Chorro, located just northwest of the City limits, is owned and operated by the
County of San Luis Obispo.
On October 2, 2001, the City Council approved an outline of the agreement, which was used as
the basis of the final agreement. The Board of Supervisors also approved the outline on October
9, 2001.
The changes in the final agreement are minor, and do not call for additional funding. The first
change, noted below as #3, calls for the field irrigation system to be hooked up to Diary Creek
Golf Course. The second change, #10 in the Agreement, calls for the installation of safety netting
between the fields and the garden and was added after meeting with the Board of the San Luis
Obispo Botanical Garden, which is located next to the fields.
Under the terms of this agreement, an amount not to exceed $500,000 will be made available to
improve the fields at El Chorro Regional Park. It includes lighting the two fields, and depending
upon cost and budget availability, may include the following improvements:
1. Enlarging the backstops
2. Upgrading the irrigation systems
3. Hook up and irrigation to the Dairy Creek Golf Course
4. Renovating the infields and warning tracks
5. Paving adjacent parking lots
6. Enlarging the eastside field
7. Repairing the eastside field ball screen
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EI Chorro Regional Park Softball Fields
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8. Planting trees around the fields
9. Building a maintenance enclosure
10. Installing safety netting between the fields and the Botanical Garden.
City staff will also be responsible for the completion of the improvements. The City Engineer
will be the Project Manager in coordination with the Parks and Recreation Director. Services of
an outside consultant will be used for design and obtaining County permits.
Once the renovation is completed, the County will provide the same level of maintenance to the
fields as they previously have provided. This includes watering and mowing the fields. The City
will provide the `value added" maintenance (services required because of City programs being
played on the fields), including field preparation for games, annual turf.maintenance, lighting
maintenance, safety repairs and site clean up. The City also pays the electrical bill for the
lighting. The City will not be responsible for'providing maintenance for activities scheduled by
the County.
In consideration of these improvements, the City will have first priority of use on the fields. This
enables City adult softball leagues to be played every weeknight, during the season that runs
from March to November. The fields will also be available for youth and adult tournaments on
selected weekends. In addition, in consideration of the improvements, no fees other than the
previously mentioned operating expenses will be charged by the County for the use of these
fields.
CONCURRENCES
The Joint Use Committee reviewed and approved this Agreement on September 25, 2001
(Attachment 2).
The Parks and Recreation Commission reviewed and approved this Agreement on September 5,
2001 (Attachment 3).
Public Works Maintenance staff have reviewed the report and concur with the estimated costs
and hours of maintenance needed to comply with the Agreement.
FISCAL IMPACT
Funding for construction was approved as part of the 2001-03 Financial Plan. Upon completion
in the summer of 2003, the City will assume financial responsibility for the `value added"
maintenance services described earlier. By approving the El Chorro Recreational Park Lease
Agreement, the City Council is committing to the financial obligation for the maintenance
services. The budget for the 2003-05 Financial Plan will include these expenses. However, due
to Financial Plan policies concerning Parks and Recreation programs, income should be
generated to cover these operating costs.
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EI Chorro Regional Park Softball Fields
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The``value added"maintenance costs will be $40,000 per year as follows:
1. Supplies,repairs and maintenance $71000
2. Utilities $5,000
3. Staffing- 1.0 Full-time Equivalent* $28,000
TOTAL $40,000
* Note: Assumes 2080 hours of work. This may mean two part-time workers at 1040 hours
each or some combination of other part-time personnel thereof. The City's human resources
policy states that full-time work should be performed by a regular full-time employee (i.e. we
should not use part-time workers just to save money). Therefore, a single regular full-tine
employee may also be justified and if so, an additional 01 part-time employee would need to fill
in for vacation and holiday absences. All these issues will be fully resolved prior to the 2003-05
Financial Plan preparation. The above cost estimate assumes temporary staffing.
ATTACHMENTS.
1. Resolution and Agreement
2. Joint Use Committee Minutes for September 25,2001
3. Parks and Recreation Commission Minutes for September 5, 2001
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ATTACHMENT 1
RESOLUTION NO. (200x Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING
JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE COUNTY OF SAN LUIS OBISPO FOR
IMPROVEMENTS AND USE OF THE
EL CHORRO REGIONAL PARK—SOFTBALL FIELDS
WHEREAS, as a Major City .Goal for the 2001-03 Financial Plan calls for the
development of lighted softball fields, and
WHEREAS, if the City were to attempt to build and light two new fields, the costs would
be prohibitive, and
WHEREAS, two unlighted fields in El Chorro Park are relatively unused, and
WHEREAS, it would be in the mutual best interest of the City and the County to light
and operate recreation programs on these fields,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
approves the attached Agreement set forth as Exhibit A.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of , 2002.
Mayor Allen Settle
ATTEST: APPROVED AS TO FORM:
�W�
Lee Price, City Clerk 7 Joef, C' Attorney
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Joint Use Agreement
Between the City of San Luis Obispo and the County of San Luis Obispo
For Improvements and Use of the El Chorro Regional Park—Softball Fields
This Agreement is made this day of 2002, between the City of San Luis
Obispo ["City"], a municipal corporation, and the County of San Luis Obispo ["County"].
Section I—Authority
1.1 The City and County are authorized under Section 38000 et. seq. and Section 25208.5 of the
California Government Code and their general police power to promote and preserve the general
welfare of the people of the state by providing recreational programs.
1.2 The City and County are authorized under the authority of the California Government Code
Section 6500 et seq., jointly to provide services for which each might individually be
responsible. Under such authority, the parties to this Agreement may designate any one of the
parties as the agency to administer the program and exercise such powers as may be therein
specified..
Section II—Purpose
2.1 The County owns, maintains, and operates El Chorro Regional Park for recreational uses.
Contained within the park are two softball fields that currently receive only sporadic use.
2.2 The City has an established need for more recreational softball fields, especially those
lighted for nighttime play.
2.3 Both agencies believe that a joint effort to upgrade and operate these fields would be in the
best interest of the agencies and the public they serve.
2.4 The County will receive the benefit of improved facilities, additional park users, and
increased park revenue.
2.5 The City will receive the benefit of additional softball fields, which will provide more
recreational opportunities for citizens.
Section III Manner of Execution of the Agreement
3.1 The City will contribute an amount not to exceed $500,000 for improvements to the El
Chorro Regional Park—Softball Fields.
3.2 The improvements shall include lighting for both fields; and may include: enlarging the
backstops, upgrading of field irrigation systems including additional controllers and associated
wiring which will be linked to the Dairy Creek Golf course central irrigation control system,
renovation of infields, paving of adjacent parking lots, repair and enlarging of the outfield ball
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nets, repair and realignment of outfield fences, planting of trees, construction of a small
maintenance equipment storage building, installation of safety netting between the fields and the
botanical garden, and any other minor improvements necessary to providing a quality recreation
experience at the site.
3.3 The City will be responsible for the completion of the improvements, with the consultation
of County staff, and following normal County construction procedures.
Section IV—Manner of Operation
4.1 The City Parks and Recreation Director and the County Parks Division Manager shall be the
administrators of this agreement.
4.2 The County will continue to provide the same level of maintenance to these fields as was
provided prior to the execution of this agreement.
4.3 The City will provide the increased maintenance incurred as a result of the execution of this
agreement; and that maintenance necessary to facilitate the recreation programs that the City will
offer at the fields. In general, the fields shall be maintained at the same appearance and
functional levels as other city lighted softball fields. The City will return the fields to the County
each day in the condition that existed prior to the City use. It will not be the City's responsibility
to provide maintenance for any other'activity that might be scheduled on these fields by the
County.
4.4 The City will pay the electrical bill for the operation of the field lights, for all City program
uses.
4.5 The City will provide a level of supervision at the fields during organized activities equal to
that provide at other lighted softball fields in the City during similar activities.
4.6 The softball fields will be made available to the City on a first priority basis, to be used for
organized recreational activities. By September 1, of each year, the City will furnish the County
with a schedule of field use for the following year. Any long standing, historic, and significant
events facilitated by the County on these fields prior to the execution of this Agreement shall
remain in place. The City can add dates to the schedule after the adoption of a master schedule
by using the standard County reservation process.
4.7 No fees in excess of the utility charges noted in this Agreement will be charged to the City
or to City softball league participants the use of the fields. The County will continue to charge
an automobile entry fee to the park on weekends. This will include all participants in weekend
softball tournaments, not part of regular City leagues.
4.8 The City agrees to defend, indemnify, and hold harmless the County, and its officers and
agents, from and against any and all claims, demands, costs, expenses, judgments, causes of
action, and liability which may be incurred for any reason as a result of the use of the softball
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fields for recreational programs, or as a result of such conditions that might exist at the fields and
the support facilities, as a result of the City's maintenance, use or programs.
4.9 The County agrees to defend, indemnify, and hold harmless the City, and its officers and
agents, from and against any and all claims, demands, costs, expenses, judgments, causes of
action, and liability which may be incurred for any reason as a result of the use of the softball
fields for recreational programs, or as a result of such conditions that might exist at the fields and
the support facilities as a result of the County's maintenance, use or programs.
Section V- Miscellaneous
5.1 This agreement shall have a term of 20 years. It may be renewed for another 20 years at that
time, upon mutual agreement.
5.2 Neither part to this Agreement shall assign or transfer this Agreement or any interest therein
to another party without prior written consent of the other party.
5.3 Each party to this agreement shall make the other party an Additional Insured on its public
liability and property damage insurance for the purpose of this Agreement.
CITY OF SAN LUIS OBIPSO
Mayor Allen Settle
APPROVED AS TO FORM:
Prty/Afftopfey
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COUNTY OF SAN LUIS OBISPO
By:
Chairman, Board of Supervisors
ATTEST:
Clerk, Board of Supervisors
Deputy Clerk
APPROVED AS TO FORM AND LEGAL EFFECT
JAMES B. LINDHOLM,JR.
County Counsel
By:
Dated:
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ADVISORY COMMITTEE ON JOINT USE ATTACHMENT
OF RECREATIONAL FACILITIES
MINUTES
Tuesday September 25, 2001- 12:00 noon
***Recreation Center, Room B- 864 Santa Rosa***
Chair Kriet called the meeting to order at 12:05pm.
ROLL CALL
Present: Terry Conner,Jane Godfrey, Chair Richard Kriet, Steve Sales and Larry Smyth
Absent: Debbie Black and Rick May
Staff: Paul LeSage, Linda Fitzgerald, Carolyn Goossens, and James Bremer
Guests: Jeff Guy, SLCUSD
1. PUBLIC COMMENT PERIOD: (NOT TO EXCEED 15 MINUTES)
Mary Beth Schroeder, 2085 Wilding Lane, SLO, spoke in support of a new Senior Center in San Luis Obispo..
2. Approval of August 28, 2001 minutes
Moved by Committee Members Godfrey/Smyth to approve the minutes of August 28, 2001 as presented;
motion passed unanimously.
3. Joint Use Fund Report
Linda Fitzgerald reviewed the Fund Report dated August 17 —September 15, 2001.
4. Request for Tennis Court Use by Cal Poly Women's Tennis
Linda Fitzgerald reviewed a request received from Cal Poly for use of the Sinsheimer Tennis Courts. After
discussion it was moved by Committee Members Sales/Conner to accept and approve the request; motion
pied unanimously.
5. Request for Tennis Court Use by Mission College Prep Girls' Tennis Team
Linda Fitzgerald reviewed a request received from Mission College Prep for use of Sinsheimer Tennis Courts,
including 5 courts on 4 days and 6 courts on Saturday, October 27. The Committee discussed the current policy
which permits a maximum of 4 courts, allowing 2 for public use.
After discussion of options and alternatives, it was moved by Committee Members Sales/Conner to accept and
approve the request with the condition that Mission Prep will post the courts no later than 2 weeks in advance of
scheduled uses and using San Luis High School as a possible alternative; motion failed 3-2 (Committee
Members Godfrey and Kreit voting no).
Upon further discussion, it was moved by Committee Members Sales/Conner to accept and approve the request
for 5 courts for 4 days; motion passed unanimously.
6. Review and approve 2°" draft Joint Use Agreement for field use and improvements at EI Chorro
Park
Paul LeSage reviewed the proposed agreement for fields uses and improvements at EI Chorro Park. He
discussed the planned improvements including $500,000 funded by the City, planned lighting, City has priority
use by submitting requests to the County by September 1 for the following year (with the exception of the
annual Renaissance Faire.
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After discussion, it was moved by Committee Members Godfrey/Conner to approve the agreement with
amendments; motion passed unanimously.
7. Second series of Facility Use Grants
Linda Fitzgerald indicated that no applications were received. The next deadline for,submitting applications
will be March 2002 and requested committee members notify organizations accordingly. Linda indicated she
would place this item on future agendas if grant requests are received.
8. Update on Damon-Garcia Sports Fields
Paul LeSage gave an update on the sports fields and indicated staff is currently awaiting response from the
CORE. City will have until mid December to respond.
9. Staff Reports
There were no staff reports.
10. Additional Items
Jeff Guy indicated Brad Park has developed a facility use and fee proposal to be submitted to the School Board
on October 2, 2001.
Linda Fitzgerald recommended the Committee begin developing a work plan for the upcoming year.
The Committee discussed renewing the efforts to include Cuesta and Cal Poly in a Joint Use Agreement for
facility uses. Staff was directed to invite Bob Maruchi from Cuesta College to the October meeting, and John
McCutcheon and Marcie Maloney from Cal Poly to the November meeting.
11. Adjourn to October 23, 2001 meeting
Meeting was adjourned at 1:05pm to October 23, 2001 at 12:00noon.
ATTACHMENT 3
PARKS AND RECREATION COMMISSION
AGENDA
CITY-COUNTY LIBRARY CONFERENCE ROOM
CORNER OF OSOS AND PALM STREETS
WEDNESDAY, SEPTEMBER 5, 2001, 7:00 P.M.
805.781.7300
CALL TO ORDER
ROLL CALL: Chairperson Jim Neville, Commissioners Debbie Black, Gary Clay, Teresa
Larson,Bonnie Marzio, and Bill Pyper
ABSENT: Commissioner Pete Dunan
CONSIDERATION OF MINUTES: June 6,2001
The minutes of the June 6, 2001 meeting were unanimously approved with the following
amendment: Commissioner Teresa Larson was absent.
PUBLIC COMMENT PERIOD:
Mary Beth Schroeder, SLO resident, spoke distributed copies of a survey taken amongst a variety
of seniors and reviewed the petition supporting to have a new Senior Center at the Emerson Park
site. The Commission requested this item be placed on the October agenda-
1.
genda1. Volunteer of the Month
2. Review of another Tarplaut Mitigation Project proposed for LLP.
F
tline of the Agreement between the City of San Luis Obispo and the County of San
is Obispo related to the El Chorro Park project.
ge reviewed the proposed improvements for El Chorro Park included in an Agreement
e City and County of San Luis Obispo. Improvements included field lighting, enlarge
backstops and the east field, repair fences and east field ball net, upgrade irrigation, remove and
replace infields and warming tracks, paving field lots and a path between fields, install ball net on
west field, plant trees around perimeter, funding and planned operations at the fields. After
discussion, motion was made by Commissioners Pyper/L.arson to endorse the agreement- as..
presented-,motion passed unanimously.
4. Director's Report
• Damon Garcia Sports Fields
• Ludwick Center improvementslDisc Golf Course
• Purple Sage Park
• Marsh/Santa Rosa St.—Park site
• Cellular sites
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