HomeMy WebLinkAbout12/15/2009, C8 - 2010 SAN LUIS BASEBALL STADIUM USE AGREEMENTS I
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CITY O F SAN LUIS O B I S P O
FROM: Betsy Kiser, Parks & Recreation Director
Prepared By: James P. Bremer, Recreation Supervisor
SUBJECT: 2010 SAN LUIS BASEBALL STADIUM USE AGREEMENTS
RECOMMENDATION
As recommended by the Advisory Committee on Joint Use of Recreational Property
1) Authorize the Mayor to execute an amendment to the agreement between the City of San Luis
Obispo and Rattlers Baseball Development Group, INC. for use of San Luis Obispo Baseball
Stadium for the 2010 season.
2) Authorize the Mayor to execute an amendment to the agreement between the City of San Luis
Obispo and the San Luis Obispo Baseball Alliance, LLC for use of San Luis Obispo Baseball
Stadium for the 2010 season.
DISCUSSION
Background
The San Luis Obispo Baseball Stadium, located in Sinsheimer Park, is heavily used by youth and
adult baseball organizations as a home field for games and tournaments. During the summer
months which are the peak of the baseball usage for the Stadium, Babe Ruth Baseball and Men's
Senior Baseball Leagues along with two collegiate baseball organizations, the Rattlers Baseball
Development Group, INC. (Rattlers) and the San Luis Obispo Baseball Alliance, LLC (Blues),
utilize the facility.
"Three years ago, a request for proposal (RFP) was issued to interested collegiate level teams
wishing to use the Stadium for game play. The Blues and Rattlers both submitted successful
proposals and have operated their seasons since then under an agreement with the City.
The Rattlers have maintained a consistent organization over the years and last year the City
extended their existing agreement with only a few minor amendments. However, ownership
changes have plagued the Blues organization since the initial agreement and last year a decision
was made not to automatically extend their agreement after problems occurred the previous year
with payment of the facility use fees. Rather, a new agreement was drafted that included an
option to extend for another year if all terms and conditions of the agreement were met this past
season.
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2010 San Luis Baseball Stadium Use Agreements Page 2
Advisory Body Review
The Advisory Committee on Joint Use of Recreational Property (JUC) has oversight of the
priorities for use of San Luis Obispo Baseball Stadium and has been actively involved in the
process of having two collegiate level teams at the Stadium. After receiving a year-end
evaluation report at its August 2009 meeting regarding the successful activities by both teams
during the past summer season, the JUC recommended that City Council extend agreements for
both teams for the 2010 season (see Attachment 1.)
SLO Rattlers Extended Agreement
The Rattlers baseball organization has been using the San Luis Obispo Baseball Stadium since
May 2007. Since its first permitted use, the organization has been a very good tenant and its
management team has worked well with the City. General Manager Dave Hite has worked
closely with City staff on all areas of their scheduled use of the stadium.
Based on a year-end evaluation of the 2009 season and input from the JUC, staff agrees with a
one-year extension of the Rattler's current agreement with a minor amendment to permit the
organization to split its use fee into two payments: one payment due five days prior to the first
game of the season and the balance due on June 28, 2010. Staff feels this is a reasonable
accommodation given the Rattlers track record of positive adherence to the terms and conditions
of their use agreement and the rules and regulations of the Stadium.
SLO Blues
The Blues organization has undergone new ownership for each of the past three seasons and
during this time, staff has experienced a number of issues with its use of the stadium. Previous
ownership problems involved mediation, non-payment of user fees, and difficulties with how the
Stadium was used. However, through it all, General Manager Mike Lara has remained a
constant, responsible and reliable contact during each ownership change and through his efforts,
communication and contract performance has steadily improved between the Blues and the City.
Again based on a year-end evaluation that was favorable, staff agrees with a one-year extension
of the Blues Use Agreement, amended to reflect the following terms:
1. provide one security officer for monitoring the areas around the Stadium;
2. permission for a storage unit to be on site;
3. issuance of a key for access to the facility other than the concession stand; and
4. permission for a bounce house to be available for children during games.
The Blues also requested a two-payment plan, but due to the instability of team ownership over
the past several years, staff is recommending that term of payment of use fees remain the same,
with full payment due five working days prior to the first scheduled use.
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2010 San Luis Baseball Stadium Use Agreements Page 3
Future Uses
Both agreements with the Blues and Rattlers will expire at the end of the 2010 season.
Previously, the City Council directed the release of a RFP to collegiate level baseball teams for a
formal plan to use San Luis Obispo Baseball Stadium. Staff is proposing that the same RFP
process be used to determine use of the Stadium for 2011 and will return to Council for
permission to release the RFP in the summer of 2010 with the intent of retaining two collegiate
level teams at the Stadium (as previously directed by Council).
CONCURRENCES
At its August 25, 2009 meeting, the JUC supported the extension of the agreements to both
organizations.
FISCAL IMPACT
Use fees from the Rattlers Baseball Development Group, INC and the San Luis Obispo Baseball
Alliance, LLC will be charged under the current fee schedule. Revenues are anticipated to be
around $23,000.00 for the two agreements. Parks & Recreation and Public Works staff will
continue to supervise and manage Stadium activities.
ATTACHMENTS
1. August 25, 2009 Minutes of the Advisory Committee on Joint Use of Recreational
Property
2. Amendment to Agreement between the City of San Luis Obispo and the Rattlers Baseball
Development Group, INC for use of San Luis Obispo Baseball Stadium
3. Amendment to Agreement between the City of San Luis Obispo and the San Luis Obispo
Baseball Alliance, LLC for use of San Luis Obispo Baseball Stadium
T:\Council Agenda Reports\Parks&Recreation CAR\2010 Stadium Use Agreements\stadium use agreement CAR 111009-
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Advisory Committee on Joint Use of Recreational Property
DRAFT MINUTES
Ludwick Community Center
864 Santa Rosa
Tuesday, August 25, 2009 12:00 p.m.
CALL TO ORDER: Chair Michael Parolini called the meeting to order at 12:05 p.m.
ROLL CALL: Committee Members Nancy Cochran, Stew Jenkins, Colin Jones
and David Hensinger(representing PRC)
ABSENT: Stephen Cairns and Jesse Bilsten
STAFF: City of San Luis Obispo: James Bremer, Recreation Supervisor;
Linda Fitzgerald, Recreation Manager; Marti Reynolds,
Supervising Administrative Assistant and Todd Beights, Parks and
Urban Forest Supervisor
1. Public Comment
None.
2. Consideration of Minutes
MOTION: (Jenkins/Cochran) Approve the July 28, 2009 minutes as submitted.
Approved- 5 Yes: 0 No: 2 Absent (Bilstein, Cairns)
3. Request for Use of Sinsheimer Park Tennis Courts
Recreation Supervisor Bremer and Recreation Manager Fitzgerald explained background
of Sinsheimer Tennis Court Use.
Chair Parolini clarified that the 10 a.m. to 11 a.m. time slot can be approved without
Committee consent. Fitzgerald confirmed B Teams requests for Tuesday had already
been received and that permits will be done by the end of the week.
Committee Member Jenkins commended staff for their work on this matter.
MOTION: (Jenkins/Parolini) Approve the requests from the Central Coast Women's
Tennis Leagues "A", "A-West" and "A" teams to use four tennis courts at Sinsheimer
Park on Wednesdays between 9:00 a.m. and 10:00 a.m.
Approved—5 Yes: 0 No: 2 Absent (Bilstein, Cairns)
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ATTACHMENT 1
4. San Luis Obispo Rattlers (SLO Rattlers) and San Luis Obispo Baseball Alliance,
LLC (SLOBALL) Use Agreement:
Recreation Supervisor James Bremer gave a summary report on the 2009 Stadium use by
SLO Rattlers and SLOBALL. Felt there was good communication throughout the season
and that field use went very well. Bremer encouraged Committee members to continue
relationship and endorse extension of agreements with both teams for future.
MOTION: (Jenkins/Jones) Based on staff report of good relationship in past season,
endorse the extension of the current agreements with SLO Rattlers and SLO BALL
through the 2010 season; staff to negotiate issues prior to submitting an amendment to the
agreement for each part for City Council approval.
Approved—S Yes: 0 No: 2 Absent (Bilstein. Cairns)
5. Staff Report
Recreation Manager Fitzgerald reported a temporary solution to SLO Rugby's need for a
(local) practice field. In communications with Terry Conner, the comer area west of the
Santa Rosa Skate Park seems agreeable. This will allow two years in which to find an
alternative before construction of the new skate park.
Parks and Urban Forest Supervisor Beights stated using the softball fields at El Chorro
after the season is over is still his suggestion, although realizes the location is not ideal.
Chair Parolini inquired as to the looks of Damon Garcia Field after a month of soccer
use. Supervisor Beights felt it was doing well, particularly compared to the first cycle,
and that products used to bolster durability are working. Main issues now are effects of
recycled water. Recycled water uses a pump delivery drive system with inconsistent
pressure and flows (potable water is gravity fed and consistent). Process of treatment for
recycled water results in higher nitrate and sodium levels which build up in the root zone
although effects aren't seen for a few years. Normal rainfall years push sodium out of the
root zone; weather patterns have been abnormal as of late. Even native plants only
tolerate conditions awhile before perishing. Stated looking at more salt tolerant options
and that adding nitrogen helps grass grow faster to recover, however;.hours then increase
for mowing and line-painting of playing fields.
Recreation Manager Fitzgerald added same conditions are being seen at Laguna Lake
Golf Course although a more tolerant bent grass is being tried there to combat effects of
reclaimed water sodium build up. Discussions on potable options followed. Added that
French, Islay and Laguna Lake just started using recycled water however the soil profiles
differ there in that they are less sandy.
6. Additional Items
No additional items.
ADJOURNMENT
Meeting was adjourned at 12:31 p.m. to the September 22, 2009 Joint Use Committee
Meeting to be held at 12:00 p.m. at the Ludwick Community Center. �+
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AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND
THE RATTLERS BASEBALL DEVELOPMENT GROUP, INC.
FOR USE OF SAN LUIS OBISPO BASEBALL STADIUM
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo
on this of , 2009 by an between the City of San Luis Obispo,
a municipal corporation, herein after referred to as CITY, and the Rattlers Baseball
Development Group, INC, herein after referred to as RATTLERS.
WHEREAS, on April 10, 2008 the City entered into an Agreement with the Rattlers to lease the
San Luis Obispo Baseball Stadium at 900 Southwood Drive in Sinsheimer Park for approved
uses through August 23, 2008 and was extended for the 2009 season on December 2, 2008; and
WHEREAS, pursuant to Section 5.6 of the Agreement, the City Council, on , 2009,
authorized the extension of the Agreement to continue through August 26, 2010;
NOW THEREFORE, in consideration for their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. Section 3 -Fees, Licenses and Insurance
3.1 Facility Use Fees
Rental fees will reflect the current approved rates at the time the agreement, or
any subsequent amendment thereto, is executed. The City will not honor fee
waiver requests for this use. A payment schedule with two equal installments will
be used for billing of the rental; Permittee will be given the installment amounts at
the time the permit is processed. The first payment will be due no later than five
(5) working days prior to the first scheduled game of the each season. The second
and final payment will be due by June 28, 2010. Any additional charges incurred
during the season shall be due immediately upon presentation of a revised permit.
2. All other terms and conditions of the Agreement remain in full effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first written above.
ATTEST: CITY OF SAN LUIS OBISPO
By:
Elaina Cano, City Clerk Mayor David F. Romero
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APPROVED AS TO FORM: RATTLERS BASEBALL
DEVELOPMENT GROUP, INC
By:
onat . Lowell, City Attorney
3
AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO BASEBALL ALLIANCE,
LLC FOR USE OF SAN LUIS OBISPO BASEBALL STADIUM
THIS AMENDMENT TO AGREEMENT is made and entered in the City of San Luis Obispo
on this of , 2009 by and between the City of San Luis
Obispo, a municipal corporation, herein after referred to as CITY, and the San Luis Obispo
Baseball Alliance, LLC, herein after referred to as BLUES.
WHEREAS, on March 18, 2009 the City entered into an Agreement with the Blues to lease the
San Luis Obispo Baseball Stadium at 900 Southwood Drive in Sinsheimer Park for approved
uses through August 27, 2009; and
WHEREAS, pursuant to Section 5.6 of the Agreement, the City Council, on 12009,
authorized the extension of the Agreement to continue through August 26, 2010;
NOW THEREFORE, in consideration for their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows-
1. Section 3 -Fees, Licenses and Insurance
3.1 Facility Use Fees
Rental fees will reflect the current approved rates at the time the agreement, or
any subsequent amendment thereto, is executed. The City will not honor fee
waiver requests for this use. No later than five (5) working days prior to the first
scheduled game of the each season of use pursuant to the Agreement or any
subsequent extension thereof, all use fees in conjunction with the use permit are
due and payable to the City. Any additional charges incurred during the season
shall be due immediately upon presentation of a revised permit.
2. Section 4—Operation and Management Plan
4.2 Security Guards: Permittee shall provide one security officer, who is
employed by a bonded private security service, for the purpose of monitoring the
stadium area, alcohol sales and consumption, and outside the parking lot area.
Permittee may be required to supply additional bonded security officers at the
direction of the City.
4.8 Storage: Permittee has permission to bring in a single storage unit to be placed
in an area of the field to be determined by the Parks Maintenance Supervisor. No
alcohol is allowed to be stored in this unit. Permittee may store concession items,
except alcohol, in the concession/press box building and storage unit, subject to
availability of storage and County Health regulations. Items are stored at the
Permittee's own risk. If Permittee wishes to store additional items on site, written
permission from City must be obtained in advance. Permittee will remove all
equipment from the facility by Thursday, August 26, 2010. If City finds items
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ATTACHMER.T 3
stored after Thursday, August 26, 2010, those items will be removed and disposed
of without notice to Permittee and Permittee shall bear all associated cost with
removal.
4.18 Opening of the Facility: The Permittee will be granted a GK2 key for access
to the facility three hours before the scheduled game time. Access is only granted
to the field, BBQ and seating area.. City staff will arrive at a time designated by
the Permittee to open the concession/press box building.
4.19 Bounce House: Permittee will be allowed to use the area outside the Stadium
located near the first base side gate access, for placement of a bounce house
during their permitted use times. Final location of the bounce house will be at the
discretion of the Parks Supervisor.
3. All other terms and conditions of the Agreement remain in full effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the
day and year first written above.
ATTEST: CITY OF SAN LUIS OBISPO
By:
Elaina Cano, City Clerk Mayor David F. Romero
APPROVED AS TO FORM: SAN LUIS OBISPO BASEBALL
ALLIANCE, LLC
By:
Jo P. Lowell, City Attorney
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From: mail.slocbe.com[SMTP:LESLIE@SLOCBE.COM] RECEIVE®
Sent: Friday, January 22, 2010 4:31:14 PM
To: Council, SloCity JAM 2 51010
Subject: Consent Agenda Item C-8
Auto forwarded by a Rule SLO�II 'CITY CLERK
Mayor Dave Romero �Ne� Kms- CSE
Honorable Ma
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Members of the City Council A%7-. Cary Ge
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I would greatly appreciate your removing from the Consent Agenda item C-8 regarding a lease
for use of the stadium for summer 2010 season and postponing it until spring. Since you have
just hired a new city attorney I believe it would be in the best interest of everyone to give her a
chance to familiarize herself with all the issues herein before going forward with a new contract.
As you may recall,I spoke last year urging the city to go forward with the 2009 use of the
stadium. I felt that would give everyone a chance to resolve this ownership issue,generate some
funds to keep the team viable and meanwhile would be providing baseball to the community.
The ownership of the Blues baseball team is still in litigation. Although this ownership issue was
supposed to goto mediation this summer,that has not happened.The disputed owner at that time,
Joe Vergara,who took the team back when buyer Stevie Mac defaulted on a payment in October
2008, has since sold the team to another person,Jim deLucia,the owner of Silverado Stages.
There is a lawsuit working its way through court on behalf of other former owners that will be.
coming up in February 2010 as to the legality of the sale to Stevie Mac without payment and now
the legality of the subsequent sale to Mr. deLucia.
There are minority shareholders who have still not been paid from the first sale. I question the
wisdom of the city signing a lease or agreement for the coming season and beyond with any
organization on behalf of this team since there are still so many outstanding debts to former
shareholders and ongoing litigation regarding who actually owns the team. I spoke in favor of
going forward last year with a contract because I hoped that that would buy time to straighten this
out. But that did not happen, and as.a result, I cannot support the same failed strategy fora
second year.
I would ask that you not sign a contract for Blues baseball until the ownership issue has been
resolved. The courts will decide who owns the team. By signing a contract with anyone on behalf
of the team while ownership is still in litigation,the city may be involving itself in future
litigation.
I would strongly urge you to let this wind its way through the courts. A speedy resolution would
be the best result for all involved. I would hope some agreement could be worked out between all
parties so that a contract for stadium use could still be inked before the start of baseball season.
By not signing an agreement tonight,you will be helping to bring about this resolution by forcing
all parties to the table-exactly what we had hoped would happen last year.
Alternately, if the city is still bound and determined to move ahead despite these ownership issues
and current litigation,I would ask that a clause be added that the use contract goes with the team
ownership. If the ownership issues can be resolved in court,the responsibility for the lease and
its payment would go with the ownership of the team. It would be very awkward in this case for
one entity to have a contract and the other entity to own the team. Given the litigious nature of all
parties and the lack of cash and clear communication, I can only see more lawsuits arising from
that.This too might work to force all parties to mediate in good faith and resolve this before
baseball season. I do not know if this is legally feasible but again this underscores the need for
legal review by the city attorney.
Thank you and I would be happy to discuss this matter further should the need arise.
Very truly yours,
Leslie Halls, SLO city resident and minority shareholder
1359 Oceanaire Drive
San Luis Obispo, CA 93405