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HomeMy WebLinkAboutAGENDA REPORT 1997 0219 CC REG ITEM 09HMEMORANDUM TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community Services DATE: February 10, 1997 (CC Meeting of February 19, 1997) SUBJECT: Consider Approval of a Use Agreement With Moorpark Little League Executive Summary The City Council is being asked to consider and approve an Agreement with Moorpark Little League that identifies, but is not limited to, the following; when and which facilities will be made available to them, under what conditions improvements will be made, and who is responsible for specific maintenance and repair items, rental rate, and liability. The Council is asked to approve the Agreement pending final language approval by the City Manager. Background The proposed draft Agreement contains provisions that address the use of Poindexter Park baseball facilities by Moorpark Little League. The term of the Agreement is for five years. At the execution of the Agreement, the rent shall be $1.00 per year. At the City Council's sole discretion, rents may be adjusted on or before March 1, 1998, and on the Agreement's anniversary date each year thereafter. In the event of a rent increase, the City would notify Little League in writing 30 days prior to the effective date of the rent increase. This would provide the City flexibility to address increasing costs for parks maintenance and the potential effects of Proposition 218. Either party may terminate the Agreement upon 30 days written notice. The proposed Agreement gives Little League exclusive use of the two baseball diamond facilities at Poindexter Park beginning March 22, 1997, at which time their first games begin. The exclusive use granted Little League would cover only those authorized times when games and practices have been scheduled. Each year Little League would submit a list of scheduled games and practices with dates and times for the City's review and approval. Exclusive use would be extended to any Fall or Winter league seasons, if applicable, pending approval by the City of submitted dates and times. The general public would have use of the baseball facilities outside of the authorized exclusive use periods. Little League has indicated that it will continue to work cooperatively with the other sports leagues to schedule practices at the other various City park sites through the City's standard park reservation process C:IDOCSICOMSERV\LLAGREE.A(i 1) Little League Agreement 2 In return for this exclusive use, Little League would agree to maintain the previously identified baseball diamonds including, but not limited to, dragging the infields, maintaining the decomposed granite, mowing the infields, and picking up trash from the area during the exclusive use period. In addition, Little League would be responsible for transporting trash from the trash containers to the dumpster. Since the large number of players and observers is likely to impact the remaining capacity of the trash containers, this measure will help keep them available for use by the general public on the weekends when they may not be serviced directly following Little League games. Moorpark Little League has requested that it be allowed to make improvements to the baseball facilities as follows: Regrade a portion of the base path between first base and second base; 2. Extend the height of the backstop and the fence along the third base side -line; Install a temporary outfield fence for the south baseball diamond; 4_ Installation and use of an electrical meter and outlet located at the pad for the proposed concession stand. Installation of a gate in the existing fence between Poindexter Park and Chaparral Middle School: and 6. Storage for maintenance and baseball game equipment. With regards to item 1, regrading the area between first and second base, staff concurs that the area does have an exaggerated incline and should be regraded to minimize the slope. However, it must be recognized that some sloping was intentional to provide drainage to the east perimeter of the Park. Little League has indicated that it has the ability to do the work at its cost using "in- kind" services. A member of their Board is a licensed landscape contractor who will identify the work to be done and oversee the process. City staff would review and approve the work to be done to ensure that improvements made are consistent with City specifications and that the improvements do not compromise the necessary drainage. Staff is also evaluating whether it would perform the necessary work alone or in conjunction with Little League. Staff believes that it can reach an agreement with Little League on how the work is performed and recommends that the City Council approve this request. C:ADOCS \COMSERV\LLAGREE.AGD Little League Agreement 3 Concerning item 2, extension of the backstop and third base side -line fence is deemed necessary by the Little League for its games. Currently the backstop is 13 feet high. Staff recommends that the City Council approve extending the backstop to 20 feet in height, an addition of 7 feet. The work would include removing the existing hood on the backstop, extending it to 20 feet high and adding cable and netting material made for this use. Staff also agrees with the extension of the third base side -line fence to 20 feet in height using the same netting. Little League obtained a cost estimate from Fence Factory in the amount of $6,425 and has asked the City to share the cost. Staff has identified three options for funding the fence improvements for Council consideration: 1) splitting the cost in equal shares between Little League and the City as requested by Little League, 2) the City could advance Little League half of the total cost to be repaid at no interest over 3 years ($1,071 each year, March 1, 1999 - 2000), and 3) Little League pays the total cost. Staff recommends that the City Council approve option 2, a no- interest loan to Little League to be repaid over three years. If the City Council chooses to pay a portion of the improvement cost or provide a loan, the funds should come from the park improvement budget for Zone 1(central Zone, which has sufficient funds. In addition, Little League would be required to maintain and repair the backstop and side -line fences at its cost during the term of the Agreement. Netting is not as strong as chain -link fencing and it is anticipated that it could require additional maintenance and repair costs beyond the costs the City currently incurs. In the past, other sports groups have paid for improvements they needed to enhance their programs. As an example, girls softball paid for and installed dugouts at the two baseball diamonds at Mountain Meadows Park and Packer Football installed its playing field, bleachers and other improvements at Arroyo Vista Park, all at their own expense. With regards to the temporary outfield fence for the south baseball diamond (item 3), staff agrees with Little Leagues' request to install and maintain the fence at its own cost. The fence would be installed along the outfield perimeter, approximately 300 feet from home plate. At the end of the Spring season, Little League will remove the fence so that the fields can be used for soccer and other activities. Staff will review and approve plans to install the fence to insure that it is installed to the satisfaction of the City including approval of fence materials and anchoring system. Little League has requested to install an electrical outlet and conduit (and meter if necessary) at the site of the proposed concession stand (item 4). As a part of the final completion of Poindexter Park, the City made arrangements to accommodate future desires of Little League to construct a concession facility on the Park At no cost to Little League, the City arranged for the park contractor to install electrical, water and sewer connections located at the site of the proposed concession stand pad. Little League proposes to install a meter, electrical outlet, and conduit C:ADOCS \COMSERV\I.I,AGREE.A(il) 3 Little League Agreement 4 underground to power the use of the pitching machine located on the field at Chaparral Middle School. The batting cage at the school located approximately five feet from the fence between Poindexter Park and Chaparral School. They currently use an outlet located near the eastern baseball diamond at Chaparral, which is a considerable distance, by using extension cords. Staff recommends that Little League be allowed to use the power source located at the concession stand pad, pending a written agreement with the School District holding the City harmless. The City staff would review and approve any necessary electrical work to be performed by Little League in the Park. Improvement item 5 is a request to install a gate in the existing fence between Poindexter Park and Chaparral Middle School, providing easy access back and forth. Since Little League stores its maintenance equipment at Chaparral and will need it to maintain the infields at Poindexter, they need an access to move equipment. The gate will be installed by Little League. The gate would need to incorporate a three lock system to accommodate the three parties that are impacted by the gate (City, School District, Little League). Again, staff concurs with Little League's request, pending a written agreement with the School District Lastly, Little League is requesting to use existing storage room at Poindexter Park that is located within the restroom building with a access that from the outside (item). They would like to store maintenance and game equipment. Staff recommends that the City Council approve temporary use of the storage room. At the end of the Spring/Summer season, Little League must remove all of its items for storage off site. In addition, if and when the concession stand is built, Little League must use the concession facility to store its equipment, vacating the City's storage room. Finally, in the event the City requires the full use of the storage room or its Little League use conflicts with uses by the City, Little League must agree to vacate the storage room upon 5 days written notice. The aforementioned arrangements will be included in the proposed Agreement. In addition, Little League will be asked to adhere to the City's standard agreement provisions including indemnification and liability insurance. Little League will be liable for personal property damage that results from Little League activities at the Poindexter park; i.e., balls that hit cars on or off the park site and for damage to park facilities and landscaping beyond normal wear and tear, etc. They will also agree not to allow the construction or placement of any signs or signboards for advertising at the park. This does not preclude the use of team identification or sponsor banners which would be removed after each game Lastly, Little League is hoping to accelerate fund raising efforts to construct their proposed concession stand. Staff recommends that the City Council approve the inclusion of provisions addressing the concession stand in this proposed Agreement Concession stand provisions would CADOMCOMSERV\LLAGRE E. A (if) 4 Little League Agreement 5 include approval by the City of the architecture and building materials to be generally compatible with the existing restroom facility. Little League would be responsible to obtain City and building code required construction permits; pay total costs associated with the construction of the facility; be responsible for all maintenance and operations of the facility (remove graffiti within 24 hours); pay for, or reimburse City for cost of utilities; and grant the City permission to use the concession stand when it is not in use by Little League. On November 15, 1995, the City Council directed staff to meet with Little League and Terra Cal Construction. Attached is the staff report that followed that meeting. City Council approved the staff recommendation on December 12, 1995 In order to allow Little League sufficient time to make the improvements identified in this staff report prior to their first game on March 22, it is recommended that the City Council provide its approval based on the provisions outlined in this report Staff has had discussions with the Little League's president and believes it has reached an understanding on the aforementioned provisions. Staff will continue to work out the language details with Little League. It is anticipated that the final agreement will be written as a license agreement. If, for whatever reason, staff and Little League cannot reach agreement on any of the aforementioned provisions, this item will be brought back to the City Council for direction. If the City Council approves the proposed loan for the backstop and side -line fence improvements, staff will prepare a resolution amending the 1996/97 Budget for approval at the March 5 Council meeting. Recommendation Staff recommends that the City Council: Approve the proposed use agreement with Little League for exclusive use of the baseball field facilities at Poindexter Park for authorized practices and games; 2. Approve the advancement of half of the cost of the backstop and side -line fence improvements with said loan to be repaid over W& years and the other improvements as recommended in this agenda, report; avA d%i0'1 .s 7'hl4eii f C4JLd '3. *- ( G 4F 3. Pending fins laI nguage approval by the City Manager, authorize the City Manager to to sign the Agreement on behalf of the Cift dW& 3%/Q9i / moon C:IDOCSICOMSERV\I,L,AGREE.A(i[) CITY OF MOORPARK ITE�lI �•� • h,,,.. _ AGENDA REPORT C or �e TO: The Honorable City council C110N: ,' Christine Adams, Director of Community Servic �Y DATE: November 16, 1995 SUBJECT: Consider Report on poinclexter Park and Improvements Related to Moorpark Little League's Restroom / ConcPaaion Building The City Council took action on Wednesday November 15, 1995, to award the construction contract for Poindexter Park to Terra Cal Construction. The Council further directed staff to meet with representatives from Moorpark Little League to arrive at a workable solution whereby Little League would be proposed restroom / concession that the costs for the extension as the installation of the grass able to move forward with their building at Poindexter Park and of the related utilities as well infields would be addressed. Following the meeting on the 15th, staff met with Moorpark Little League and with Terra Cal Construction. Terra Cal made the offer to donate the cost for the extension of the water and sewer lines to Little League, to donate the cost and install a sub -panel for electricity near the proposed security light poles at the east end of the park within a close proximity to the proposed facility, and to donate the labor and materials to prepare the soil for the grass infields on the two ball diamonds. Moorpark Little League agreed to install sod on the two infields and to pull electrical conduit from the sub panel at their cost. Based on this agreement, the total amount of the contract with Terra Cal will be reduced. Little League will be responsible for having the architectural plans for their facility checked by the Building and Safety Department, and for acquiring all required permits and inspections. The City staff will also review the plans for architectural compatabilit.y with '1(- -'ity's restroom building. Staff will be meeting with Little League to develop an agreement regardini[ the construction of the restroom / concession facility and related licen e for usf- .)f *he .,ark Direct staff to prepare a draft agreement to memorialize the understanding for construction of the proposed restroom / concession facility and license for use of Poindexter. Park with Moorpark Little League for presentation to City Council.