HomeMy WebLinkAbout12-01-2015 Item 10 - SLO Baseball Alliance (SLO Blues) Stadium Use Agreement
Meeting Date: 12/1/2015
FROM: Shelly Stanwyck, Parks and Recreation Department Head
Prepared By: Devin Hyfield, Parks and Recreation Supervisor
SUBJECT: SLO BASEBALL ALLIANCE (SLO BLUES) STADIUM USE AGREEMENT
RECOMMENDATION
As recommended by the Parks and Recreation Commission approve a Stadium Use Agreement with
the SLO Baseball Alliance, LLC (the “SLO Blues”) for the use of San Luis Obispo Baseball
Stadium at Sinsheimer Park for 2015 to 2021 and authorize the Mayor to execute the Agreement.
DISCUSSION
Background
Since its construction in the mid-1960’s, the San Luis Obispo Baseball Stadium at Sinsheimer
Park has been the home to several baseball organizations including a collegiate team (the SLO
Blues).
The SLO Blues have existed as a collegiate baseball team in San Luis Obispo since 1946. On
December 15, 2009, Council agreed to a new one-year stadium use agreement with SLO Blues.
Under Adam Stowe’s ownership and leadership the SLO Blues fulfilled the term of this initial
agreement and the City authorized its right for a longer term agreement in 2010, thereby
allowing SLO Blues’ use of the Stadium at Sinsheimer Park for the 2010 through 2015 seasons.
The SLO Blues season typically begins in May and runs to the end of July.
SLO Blues has a highly competent and involved management staff and has had excellent
relations and communication with the City and other stadium users each year. They have
complied with all terms of its stadium use agreement and rental payment plans. The SLO Blues
are requesting another long-term use agreement for the Sinsheimer Stadium.
Request for Long-Term Seasonal Use of Sinsheimer Stadium
The stadium use agreement with SLO Blues expires at the end of 2015. The SLO Blues have
requested a long-term stadium use agreement so that they can prepare long range strategic
business and marketing plans. In order for the team to market, promote, and schedule games, a
long term use agreement is needed. The City’s Community Partnership Policy guides the long
term facility agreement with the SLO Blues, and supports an ongoing partnership between the
City and SLO Blues due to this enhanced programming. The SLO Blues provide a clear and
measurable community benefit in alignment with City goals, have created a positive working
relationship with the community and is a long-standing organization integrated into the fabric of
the City and community.
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At this time, in light of the positive working relations between the SLO Blues and the City, the
community benefit it provides (socially and recreationally), and the historical use of this facility
by the SLO Blues, staff recommends continuing to allow this long-term seasonal use (May
through July) of the Stadium.
CONCURRENCES
The Parks and Recreation Commission reviewed the proposed Stadium Use Agreement between
SLOBALL (the SLO Blues) and the City of San Luis Obispo on November 4, 2015. Draft
minutes are included as Attachment B. It was moved and approved by the Parks and Recreation
Commission 6-1(Parolini recused) that Council adopt the proposed Agreement with the SLO
Blues.
FISCAL IMPACT
The SLO Blues utilize the Sinsheimer Stadium from May through July and have game day
attendance that ranges from 825 to 2,000 people with an annual attendance of approximately
30,000 people. Under the proposed agreement, the SLO Blues will be charged at the current
City facility rental fees with fees adjusted annually. Revenues are anticipated to be around
$14,000 per season and those revenues have been included in projected revenue income for the
General Fund. Parks and Recreation and Public Works staff will continue to supervise and
maintain all Stadium related activities.
ALTERNATIVES
1. Revise the Agreement As Proposed. Council could direct staff to revise various terms
of the agreement to better reflect Council’s intent. If Council has specific revision they
should be given when this item is presented for review.
2. Not Approve the Agreement. Council could elect to not approve this agreement. Staff
does not believe that there is a compelling reason to do so. This agreement represents a
long term community partnership based on historical use and community benefit.
Attachments:
a - 2015-2020 SLOBALL Stadium Agreement
b - 11-04-15 PRC Draft Minutes
Council Reading File - Partnership Policy
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USE AGREEMENT FOR SAN LUIS OBISPO BASEBALL STADIUM WITH SAN LUIS
OBISPO BASEBALL ALLIANCE, LLC
This Agreement, made and entered into this _________] day of, December 2015, by and between the
CITY OF SAN LUIS OBISPO, hereinafter referred to as “CITY” and THE SLO BASEBALL
ALLIANCE, LLC, hereinafter referred to as “PERMITTEE.”
RECITALS
WHEREAS, City is the owner and operator of San Luis Obispo Baseball Stadium, located in
Sinsheimer Park, hereinafter “FACILITY;” and
WHEREAS, in accordance with the provisions of the San Luis Obispo Municipal Code, the City,
within its discretion, allows for the use of the Facility by interested persons and groups , both public and
private; and
WHEREAS, the parties hereby agree they shall carry out this agreement in good faith, and in a
manner that demonstrates professionalism, respect and accountability.
WHEREAS, Permittee seeks to schedule baseball games and/or tournaments at the Facility.
NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants and
conditions herein set forth, City and Permittee mutually agree and covenant as follows:
1. MANAGEMENT AND COMMUNICATION.
1.1 A norm of respectful communication and problem solving in the day-to-day implementation of the
agreement.
1.2 Standard methods of communication that assure reliable and timely responses that minimize the
need for redundant follow-up or urgent “last minute” action.
1.3 Proposals for new events or considerations not covered in this agreement are made with appropriate
lead-time, ten (10) days, so that parties may thoroughly understand such requests and respond consistent
with their respective procedural requirements.
1.4 That problems, when they occur, are addressed between the parties directly involved according to
defined Permittee and City contacts, in a manner that respects the individuals and their responsibilities.
1.5 That notification of failures to abide by the terms of the agreement are clearly and respectfully
expressed, with follow-up sanctions that are proportionate to the failure, as expressed in this agreement.
1.6 That problems and failures in the implementation of the agreement are rare and unintentional, with
an overall experience that is characterized as smooth, cooperative, and highly respectful of the mutual
understandings herein agreed to between the parties.
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2. USE APPLICATION.
2.1 Application and Use. City hereby grants to Permittee the right to use and occupy the Facility, solely
for the purposes set forth in this Agreement and upon the terms and conditions hereinafter expressed.
This agreement applies to the use of Facility and the adjacent barbecue area only. The use of the Facility
is for regulation baseball games only.
2.2 Non-exclusivity. Use of Facility and adjacent parking lot by Permittee is not exclusive. The City
reserves the right to use and occupy the Facility except as provided in section 2.1 above.
3. TERM.
This Agreement shall be in effect for a period from the date entered until December 31, 2020. Either
party may cancel this agreement provided thirty (30) days written notice is given, unless specified
otherwise in this agreement.
4. FEES, LICENSES AND INSURANCE.
4.1 Rental fees will reflect the current City rates for the use of the Stadium at the time the rental occurs.
The City will not honor fee waiver requests for this use. No later than seven (7) working days prior to
the first scheduled game of each season of use pursuant to the Agreement or any subsequent ex tension
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.
4.2 Business Tax License. Permittee shall have a current City business tax license to conduct activities
at the Facility. A copy of the business license must be presented to the Parks and Recreation
Department no later than seven (7) working days prior to the first scheduled game. Should the business
tax license expire during the term of the permit, Permittee shall present proof of license renewal on or
before the due date of the license in order to continue use of the Facility for the remainder of the season.
4.3 Liability Insurance. Permittee shall maintain commercial general liability insurance with coverage
at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per
occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage,
including without limitation, blanket contractual liability. If alcohol is sold during the permitted activity,
coverage must include full liquor liability in the amount of $1,000,000 per occurrence, $2,000,000
general aggregate. Agency, its officers, officials, agents, and employees shall be included as insureds on
the policy. A CG 20 26 or equivalent, blanket endorsement or section of the policy. Endorsement shall
cover the City of San Luis Obispo, its officers, agents, employees and volun teers as additional insured.
A copy of the certificate of insurance must be presented to the City no later than seven (7) working days
prior to the first scheduled game. Permittee is required to have insurance claim forms on site in the event
of injury to spectators, players or other parties.
4.4 Indemnification. To the fullest extent permitted by law, the Permittee shall defend, indemnify, save,
and hold harmless the City and its officers and employees from any and all claims, costs and liability for
any damages, sickness, death, or injury to person(s) or property, including without limitation all
consequential damages, from any cause whatsoever arising directly or indirectly from or connected with
the use of the Facility, operations or services of the Permittee or its agents, gusts, invitees, employees or
subcontractors hereunder, save and except claims or litigation arising through the proven sole active
negligence or sole willful misconduct of the City or its officers or employees, and will make good to and
reimburse City for any expenditures, including reasonable attorneys’ fees, the City may make by reason
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of such matters and, if requested by the City will defend any such suits at the sole cost and expense of
the Permittee.
5. OPERATION AND MANAGEMENT PLAN.
5.1 Field Preparation Needs. No later than five (s) working days prior to the first scheduled game,
Permittee shall submit in writing to the Parks Maintenance Supervisor in the Public Works Department
its field preparation needs; Permittee may incur additional costs if the Parks Maintenance Supervisor
determines that the City will need to perform additional field preparations for th e Permittee beyond
those completed during normal work hours. Permittee will be billed on a monthly basis for additional
preparations completed. Permittee may opt to complete its own field preparation. Access to the playing
field will be allowed three hours before scheduled game time. Permittee will be required to have a point
of contact for all field maintenance issues and will be required to attend a field preparation training
offered by Parks Maintenance.
5.2 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. Should circumstances dictate the need for additional security, the Permittee
shall provide such upon written request by the City. Security officers shall be on duty 30 minutes before
game time and stay until 30 minutes after the completion of the game.
5.3 Special Events. All special event activities at the facility shall comply with the current City special
event application process. Special event information must be submitted at least 90 days before the
planned date of the event. Permittee is required to notify each property owner, business owner and/or
resident affected by the scheduled event 30 days prior. Fireworks shall count as Special Events.
5.4 Parking Plan & Monitor. Permittee shall provide a written parking plan for heavily impacted dates
noting bike valet services, alternative parking, and steps to minimize parking impacts. Permittee shall
provide at least one parking monitor in addition to the security officer (s), before, during and after all
scheduled games. Players and coaches shall not park in the lot during games. The Parking Monitor’s
responsibility is to see that vehicles are legally parked in designated spaces and keep all fire lanes open
in accordance with Fire Codes and Regulations.
5.5 Vehicles Beyond Gates. Vehicles are permitted beyond the park gates for deliveries only for a
maximum of 15 minutes. Vehicles parked behind the park gates are subject to citation.
5.6 Spectator Restrictions in Landscaped Areas . Permittee shall supervise the actions of spectators
within the Facility. Spectators are restricted from entering the landscaped banks.
5.7 Use of Banners. Permittee has permission to place advertising banners in the Facility for the term of
the permitted use. Installation of banner anchors shall be coordinated with the Parks Maintenance
Supervisor in the Public Works Department.
5.7.1 Definition of Banner. Advertising banners are defined as cloth or vinyl material attached to
fence (or other designated areas) with elastic bungee cords secured to anchor points provided by
Parks Maintenance Staff. Banners are not to exceed 6 feet in height by 16 feet in length.
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5.7.2 Permission from Other Users to Post Banners. Banners may be posted in the Facility from
the date of the first scheduled game through the final scheduled game date with prior written
permission from all other permitted users of the Facility. Permittee must receive written
permission from other affected users and forward proof of permission to the Parks and
Recreation Department designee before banners can be installed in the Facility.
5.7.3 Banner Fees. Permittee is required to pay an estimated banner fee deposit of $1000.00 no
later than seven (7) working days prior to the first scheduled game of each season to cover all
banners to be installed. City staff will determine the number of banners and the associated cost
based upon size of the banners (banner fees are $25.00 for banners up to 4’X8’; and $50.00 for
banners over 4’X8’), deduct the costs from the deposit, and will bill or refund any difference to
Permittee within 10 days upon completion of the season. Any additional payments billed to
Permittee are due within 30 days upon receipt of final invoice.
5.7.4 Installation and Damage. Banner installation must be made in a manner acceptable to the
Parks Maintenance Supervisor. Permittee is responsible for any damage caused as a result of
banner installation. The City reserves the right to have any banners removed if deemed
inappropriate. If City finds banners present after the conclusion of the season, those items will
be removed without notice to Permittee and Permittee shall bear all associated costs with
removal.
5.7.5 Special Signage. Signs are defined as any material other than cloth or vinyl. If Permittee
desires advertising signs other than banners, a formal request must be forwarded the Parks and
Recreation designee two weeks prior to the desired date of installation. Permission to install
signage is at the discretion of the Parks Maintenance Supervisor upon review of the request and
shall follow installation guidelines set forth by Public Works Engineering.
5.8 Storage. Permittee has permission to place one permanent twenty (20) foot unmarked storage unit
year round and one temporary seasonal sixteen (16) foot unit to be placed in an area behind the left field
backstop or to be determined by the Public Works Parks 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 C ity
must be obtained in advance.
5.9 Alcohol Concessions. Permittee shall not keep alcoholic beverages inside the Facility premises
overnight. Permittee also agrees to contact the Public Works Parks Maintenance Supervisor for written
authorization to locate any portable structures used to sell alcohol inside the Facility. A single locked
beverage trailer is approved to be left in the Sinsheimer Parking lot for the season. Vehicles and/or
trailers used for concessions must be parked in the parking lot near the third base stairway. If any
disabled parking is covered by the beverage trailer, additional disabled parking near the stadium must be
made available. Permittee shall comply with all rules and regulations of the California Department of
Alcohol Beverage Control and obtain any required permits prior to engaging in the sale of alcoholic
beverages. At least 10 working days prior to the first scheduled game, Permittee shall obtain permission
to sell alcoholic beverage from the Parks & Recreation Department; such permission may be denied if
proof of adherence to applicable California Department of Alcohol Beverage Control rules and
regulations is not demonstrated. Permission to sell alcohol can be revoked for violations of the terms of
the agreement, or as a result of any inappropriate actions by Permittee’s representatives in conjunction
with the distribution of alcohol. Revocation of the right to sell alcohol can be made by either the City or
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the California Department of Alcohol Beverage Control. The beverage trailer must be relocated the
Friday prior to the annual SLO Triathlon held the fourth Sunday in July.
5.10 Cleaning of Facility. Permittee shall ensure that the Facility, including the concession stand and
pressbox, is neat, clean, and in sanitary condition and complete a SLO Baseball Stadium User Checklist
at the conclusion of each event.
5.11 Handling of Trash. Permittee shall comply with all current San Luis Obispo County Public Health
Department requirements. Permittee shall clean up all trash and spills as a result of use upon the
conclusion of each day’s events. Trash shall be placed inside an appropriate receptacle; if trash
receptacle is full, trash shall be placed next to the container in sealed trash bags. For any special event
activities, an additional 3 yard dumpster must be provided. Special trash pickups must be arranged the
day after each special event activity.
5.12 Portable Restrooms. The City shall provide portable restrooms from a licensed vendor in the right
and left field foul areas for players to use. The increased cost to the City shall be covered by users and
will be billed based upon percentage during the season of scheduled stadium usage. For any special
event activities, additional portable restrooms must be provided.
5.13 Electrical Hookup for Trailer. The City shall provide an electrical hookup at the bottom of the third
base stairway for the Permittee’s beer and wine trailer. The increased cost to the City shall be covered
by the user and billed as part of the facility usage. The cost of the electrical hookup will be $4.00 for
each day of use.
5.14 10:30 PM Lights Out. Sinsheimer Park closes at 10:00 PM per City ordinance. No new inning
may start after that time. Field lights are to be turned off no later than 10:00 PM.
5.15 Damage to Facility. Permittee accepts the condition of the Facility on an “as is” “where is” basis.
Permittee shall be responsible for any damage to the Facility beyond normal wear and tear. The
Recreation Supervisor must be notified of broken equipment the following date.
5.16 Alterations to Facility. Permittee shall not make any alterations to the Facility, either temporary or
permanent, without the prior written approval of the City’s designee. City shall maintain the structural
integrity of the Facility; including roofing, electrical and plumbing systems.
5.17 Cancellation of Games. The Parks Maintenance Supervisor shall be responsible for canceling
games when inclement weather conditions exist.
5.18 Opening of the Facility. The Permittee will be GK-2 keys for access to the facility at the beginning
of the season. Quantity of keys will be discussed prior to the beginning of the season between Facilities
Supervisor and Permittee. Access is granted to the field, BBQ, seating area, concession stand and press
box building.
5.19 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.
5.20 Neptune Beach Pearl. Use of Sinsheimer Stadium is contingent on the continuing denial of the
baseball organization Neptune Beach Pearl from competing against the SLO Blues during their season.
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6. COMMUNICATIONS.
6.1 City Point of Contact. The Facilities Recreation Supervisor is the City representative that Permittee
shall contact for all issues related to the use of the Facility and the operation of this agreement. All
contacts must be in writing, including e-mail.
6.2 San Luis Obispo Baseball Alliance Point of Contact. Adam Stowe is the San Luis Obispo Baseball
Alliance representative that the City shall contact for all issues related to the Facility and operation of
this agreement. All contacts must be in writing, including e-mail.
6.3 Written 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: Parks & Recreation Department
Attn: Devin Hyfield, Recreation Supervisor
1341 Nipomo Street
San Luis Obispo, CA 93401
Permittee: San Luis Obispo Baseball Alliance, LLC
Attn: Adam Stowe
241 B Prado Road
San Luis Obispo, CA 93401
6.4 Notification of Changes to Use. Permittee shall notify the City’s designee of any changes to their
use within ten days of the date(s) to be changed. City reserves the right to modify Permittee’s use
schedule of the Facility within ten days of the date(s) to be changed with written noti ce and as it applies
to the Priorities for Use of San Luis Obispo Baseball Stadium. Each use request shall specify the exact
time that the facility is to be opened; a City facility staff member shall be present onsite during the use
time.
6.5 Sum Total of Use. This agreement represents the sum total of the use of the San Luis Obispo
Stadium, and any other City facilities for the term of this agreement.
6.6 Termination of Agreement for Failure to Abide by Terms. Failure to abide by the terms of this
agreement may result in the termination of the agreement.
6.8 Authorization to Execute Agreement. Both City and Permittee 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.
7. MISCELLANEOUS.
7.1 Assignment. Permittee shall not assign this agreement to another party without the City’s prior
written consent. Any assignment without the prior written consent of City shall be null and void.
7.2 Entirety and integrity of this Agreement. This document represents the entire and integrated
agreement between the City and Permittee. This document supersedes and negates all prior negotiations,
representations, agreements and amendments, either written or oral, regarding the Facility.
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7.3 Severability. If any term, provision, condition or covenant contained in this Agreement, or the
application thereof to any person or circumstance, is determined to be, to any extent, illegal, invalid or
unenforceable, or be held to be illegal, invalid or unenforceable by any court of competent jurisdiction
under present or future laws, then the remainder of this Agreement, or the application of such term,
provision, condition or covenant to persons or circumstances other than those as to which it is held
illegal, invalid or unenforceable, shall not be affected thereby and all such remaining terms, provisions,
conditions and covenants in this Agreement shall be deemed to be valid and enforceable, and in lieu of
such clause or provision, there shall be added as a part of this Agreement a clause or provision as similar
in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal,
valid, and enforceable.
7.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original and all of which, taken together, shall constitute one and the same instrument, binding on each
signatory thereto.
7.5 Non-discrimination of Permittee. There shall be no discrimination against or segregation of any
person or group of persons on account of race, religion, sex, sexual orientation, national origin, age,
physical, mental or economic status in the use, occupancy, tenure or enjoyment of the Facility or the
improvements thereon, or any part thereof, and Permittee, or any person claiming under or through it,
shall not establish or permit any such practice of discrimination or segregations with reference to the
construction of improvements to the Facility or the selection, location, number, use or occupancy of
employees, contractors, subcontractors, laborers or material-persons, invitees or vendees of the Facility
or the improvements thereon, or any part thereof.
Permittee shall not restrict access or use of the Facility or the improvements thereon, or any portion
thereof, on the basis of race, religion, sex, sexual orientation, national origin, age, physical, mental or
economic status of any person.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and
year first above written.
ATTEST: ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation
________________________________ By: _____________________________________ By: ___________________________________
Elaina Cano, City Clerk Jon Ansolabehere, Interim City Clerk Jan Marx, Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM PERMITTEE – SLO Baseball Alliance, LLC
________________________________ By: _____________________________________ By: __________________________________
Christine Dietrick, City Attorney Christine Dietrick, City Attorney Adam Stowe, President
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City of San Luis Obispo, Title, Subtitle
1
Council Chambers
990 Palm Street
San Luis Obispo, CA 93401
Wednesday, November 4, 2015, 5:30 p.m.
CALL TO ORDER: Chair Whitener called the meeting to order at 5:32 p.m.
ROLL CALL: Chair Jeff Whitener, Vice Chair Ron Regier and Commissioners Ryan Baker,
Susan Olson, Michael Parolini, Douglas Single and Susan Updegrove
ABSENT: None
COUNCIL: None
STAFF: Shelly Stanwyck, Melissa Mudgett, Bob Hill, Lindsey Stephenson, Devin
Hyfield, Marcus Carloni, John Rickenbach (Contract Planner), Pam Ricci
(Consultant)
Public Comment
None
1. CONSENT AGENDA
A. CONSIDERATION OF MINUTES (Committee)
Motion: (Regier/Updegrove) Approve Meeting Minutes of September 2, 2015 as amended.
Approved: 7 yes: 0 no: 0 absent
B. CONSIDERATION OF MINUTES (Committee)
Motion: (Regier/Updegrove) Approve Meeting Minutes of October 7, 2015 as amended.
Approved: 7 yes: 0 no: 0 absent
C. CONSIDERATION OF AMENDMENT TO JOINT USE AGREEMENT WITH
SCHOOL DISTRICT (Shelly)
Motion: (Regier/Updegrove) Recommend to Council approval of the amendment to the Joint
Use Agreement with the School District.
Approved: 7 yes: 0 no: 0 absent
D. CONSIDERATION OF AMENDMENT TO THE ACHIEVEMENT HOUSE
CONCESSIONAIRE AGREEMENT (Mudgett)
Motion: (Regier/Updegrove) Recommend to Council approval to extend the term of the
agreement with the Achievement House at a reduced rate for concessionaire services at the
Laguna Lake Golf Course.
Approved: 7 yes: 0 no: 0 absent
Meeting Minutes
Parks and Recreation Commission 10.b
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City of San Luis Obispo, Title, Subtitle
2
E. CONSIDERATION OF USE AGREEMENT FOR SLO STADIUM WITH SLO
BLUES BASEBALL (Hyfield)
Commissioner Parolini recused himself from discussions regarding Consent item E.
Commissioner Updegrove asked about contract language referencing “respectful”. Director
Stanwyck responded that this most likely was carryover language from the original agreement
which referenced shared uses and collaboration between the “Rattler” and “Blues” Baseball
teams.
Motion: (Regier /Olson) Recommend to Council approval of the Agreement for use of the SLO
Stadium with the Blues Baseball.
Approved: 7 yes: 0 no: 0 absent
2. QUARTERLY REPORT LAGUNA LAKE (Hill)
Bob Hill, Natural Resources Manager, shared that with the adoption of 2015-17 Financial Plan
was the authorization to begin implementation of Laguna Lake Natural Reserve Preservation
Plan. The first years of the Preservation Plan focus on Laguna Lake Management dredging and
sediment management projects, design engineering and provision for the extension of ADA trail.
A Request for Proposal (RFP) was issued for the Dredging and Management Plan and the City
received 4 sealed bids from qualified firms. Staff Hill expressed that one firm stood out in their
“teamed- approach” to the project and knowledge about the project’s financial component.
Currently, City staff is in contract negotiations with MNS Engineers. The City Manager will be
reviewing staff’s recommendations and determine authorization and award of contract by year
end.
3. REVIEW OF PARK PROPOSAL AND PARK CREDIT REQUEST FOR WEST CREEK
PROJECT (Carloni)
Marcus Carloni, Associate Planner, presented to the Commission an overview of the Orcutt Area
Specific Plan (OASP) West Creek Project. This project was first presented to the Commission
on March 4, 21015 for conceptual review. Staff Carloni added that tonight’s presentation is a
second conceptual review. In summary, the project includes 105 multi-family dwelling units, 67
single family units and 2.2 acres of parkland. The developer applicant is seeking 3.66 acres of
parks and open space credits. City staff recommends no further credits for acquisition and credit
fees at this time.
Pam Ricci, Planner with RRM Design group and representative of the applicant, provided a
detailed review of the West Creek project and how the project is consistent with the OASP
requirements and the proposed park elements meet specified conditions for parkland. The West
Creek project provides for additional facility amenities for adjacent and connecting development
sites; such as Righetti Ranch and the Wingate Project. In addition, there is an increased in
mixed-dwelling units from the first conceptual review resulting in increased parkland fees than
originally projected. As a result, the applicant seeks the Commissions’ consideration of
alternative no. 1 and recommendation for City’s acceptance of the proposed public parklands and
open space dedications and improvements present by the West Creek project, and that the
proposed dedications and improvements receive a partial or full “credit” for the OASP Public
Facilities Finance Plan fees.
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City of San Luis Obispo, Title, Subtitle
3
RRM Design Group staff presented to the Commissioners a more detailed overview of the West
Creek project. Chris Dufour, RRM Landscape Architect, provided an overview of the proposed
project’s landscaping, park amenities and linear park elements (maintained by HOAs) which
includes bocce ball, horseshoe pits, a concrete ping-pong table, decorative chess tables and
rubberized safety surfaces. Mr. Aaron Abbott, of Robbins Reed, Inc., provided and overview of
project financial costs as outlined below;
Summary of West Creek Project Parkland fees;
$1.2m original projected fees
$1.6m fiscal increase
$1.87m with new multi-unit dwelling fee structure
The new fee structure represents a nearly $400,000 increase in fees from originally projected.
As a result, the applicant is seeking the Commission’s support of partial Parkland credit of 50%
to make West Creek Project financially feasible.
Commissioner Comments:
Chair Whitener, asked of the proposed park amenities would be possible if the applicant does not
receive “credits”. The applicant responded that the project will need to be revised to accommodate
the project costs and that some of the proposed amenities may need to be eliminated. Chair
Whitener asked for clarification on which type of fees can be waived by the Commission. Director
Stanwyck responded that the Park Development Fees (the costs for construction of the park) can be
waived. Staff Carloni cited Section 2.9 of the Specific Plan which indicates a waiver of parkland fee
in lieu of providing park amenities on site. Chair Whitener asked if the OASP is consistent with the
adopted Parks and Recreation Element. Director Stanwyck said that the OASP was adopted after the
Parks and Recreation Element. Chair Whitener said he is concerned that the proposed park and open
space does not meet the needs of Regional Park and therefore he does not support the waiver of
parkland fees as proposed.
Director Stanwyck added that additional and ongoing maintenance costs are not factored into the
projected fees costs. Staff Carloni confirmed that parkland credits would result in less fees being
added to the Parkland Fund; which could be used to support a larger regional park and amenities in
the future.
Commissioner Parolini said he viewed linear parks as smaller parks serving specific neighborhoods
only. He supports the approval of parkland fee credits.
Commissioner Updegrove acknowledged the challenging topography of the project site. She asked
if the dry creek bed was accessible and said she viewed the creek land (even if not developed) as
valuable park space.
Mr. Abbott cited Section 2.3.4 OASP Policy and added that this development meets parkland criteria
set forth in the Orcutt Area Specific Plan by addressing unmet community-wide parkland needs with
the added park/trail connectivity, serving adjacent neighborhoods, the location and types of
amenities proposed, and that these amenities can be provided without a reduction in developments’
dwelling units.
Vice Chair Regier expressed concerned about additional maintenance responsibility should the City
assume ownership of the developed park. He would not support the park deeded over to the City
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City of San Luis Obispo, Title, Subtitle
4
Motion: (Baker /Regier) Recommend City Council’s acceptance of the West Creek project as
proposed design is consistent with the OASP and General Plan criteria and policy guidance for
the design of parks and open space.
Approved: 5 yes: 2 no: 0 absent
Motion: (Regier/Baker) Support partial project “credit” relief of Parkland Development fees in
return for assurance that the park features are developed and continue discussions with the
applicant to explore creative solutions concerning ongoing park and proposed park amenity
maintenance.
Approved: 7 yes: 0 no: 0 absent
4. REVIEW UPDATED AVILA RANCH PLAN CONCEPTS (Rickebach)
John Rickenbach, Contract Planner, provided a second conceptual project overview for the Avila
Ranch project. This project includes 150 acres, 700 dwelling units and 16 acres of park. The project
also includes 9.8 acres of neighborhood park, 6.2 acres of mini pocket parks and 1.5 acres of
community needs facilities. Staff Rickenbach reminded the Commission of original feedback
provided to the applicant which included consideration of residential accessibility, bike connectivity,
address lacking recreation facilities (such as community garden, pickleball, off -leash, tot lots, sports
fields and shade trees), co-mingle parking uses as a part of the project design. Staff Rickenbach
added that the applicant will return the Commission following the draft EIR and public input
process. The applicant is seeking the Commission’s guidance regarding the proposed modifications
to the conceptual design.
Commission Comments:
Commissioner Updegrove indicated the new park location is further away from higher density areas
and asked how the applicant will address accessibility. Mr. Steve Peck, applicant, responded that a
new pedestrian bridge has been added to support pedestrian/bicycle connectivity and a straightening
of the bike path was made to improve connectivity with a direct route. The applicant is working with
the County of San Luis Obispo for additional bike bridges. In addition, a community garden has
been incorporated into the conceptual design.
Vice Chair Regier asked about the consideration of using this area for organized recreational sports.
The applicant responded that the proposed design is that of a neighborhood park which will be
supported through Community Services District (CSD) fees.
Commissioner Parolini said he would like to see regulation-sized sports fields considered in future
development designs.
The Parks and Recreation Commission thanked the applicant for incorporating the Commission’s
and the Bicycle Advisory Committee’s feedback into the overall project design. The Parks and
Recreation Commission concurred with the design changes as proposed by the applicant in the
second conceptual review.
5. DIRECTOR’S REPORT (Stanwyck)
Director Stanwyck presented the draft Open Space Maintenance Plan to the Commission. She added
that the draft plan will be presented at the Commissions’ next meeting on December 2, 2015.
Director Stanwyck informed the Commission that there will be three public input sessions designed
to seek public feedback about the plan. The plan will be provided for Council consideration on
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City of San Luis Obispo, Title, Subtitle
5
December 17th. Director Stanwyck indicated that through this process the City has learned that we
are forerunners in the development of an Open Space Maintenance Plan as many municipalities in
the Unites States to not have one. Staff will be seeking Commission feedback about the draft plan on
December 2nd.
6. SUBCOMMITTEE LIAISON REPORTS (all)
Adult and Senior Programming: Commissioner Baker reported that adult sports are going
well. Softball will be ending November 18. Adult Softball will begin Spring season in
March 2016. There is no report for the Senior Center. Golf Course revenue is up.
Bicycle Advisory: Vice Chair Regier said that the BAC reviewed the Avila Ranch Plan.
There is a new program for “adopt a bike trail”. The Committee discussed a bike bridge at
Los Osos Valley Road (LOVR), bike parking for events and the recently approved Railroad
Safety Trail (RRST) extension.
City Facilities (Damon Garcia, Golf, Pool & Joint Use Facilities): Commissioner Parolini
said the pool is still under construction.
Jack House Committee: Commissioner Updegrove said she missed the last meeting but
reported that the “Haunted Stories of Old San Luis” reported 140 people touring the house.
Tree Committee: Commissioner Olson reported that the Fall Arbor Day Celebration will be
held on November 7th 10:00am at Fire Station #1 (2160 Santa Barbara Street). There will be
a “lunch and learn” meeting to learn more about the City’s tree removal process on Nov 19,
2016 from 12:00pm-1:00pm.
Youth Sports: Commissioner Single said he was unable to attend the YSA meeting. Chair
Whitener attended the meeting and reported that the YSA field goals have been installed at
Laguna Middle School. The YSA contract with the School District remains on a year-to-year
contract basis and he reported that the YSA pays $25,000 to the School District for annual
field use.
7. COMMUNICATIONS
None
Adjourned at 8:03pm to the Regular Meeting on December 2, 2015 at the Council Chambers,
990 Palm Street, at 5:30pm.
Approved by the Parks and Recreation Commission on __________________.
________________________________________________
Melissa C. Mudgett, Recreation Manager
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