REPORT TO THE CITY COUNCIL
June 22, 2017
FROM: BRUCE A. RUDD, City Manager
Office of the City Manager
SUBJECT
Title
Actions related to Kaiser Park (Council District 6):
1. Adopt a finding of Categorical Exemption pursuant to Section 15301, 15304, 15311, and 15332 of the California Environmental Quality Act (CEQA) Guidelines.
2. Approve a ground lease with River Park Little League, Inc.
3. Approve an Amendment and Extension of Agreement for Recreational Use of Basin “CN” between the City, Fresno Metropolitan Flood Control District, and River Park Little League, Inc.
4. RESOLUTION - Finding River Park Little League is uniquely qualified to provide recreational programming at Kaiser Park and Inspiration Park.
5. Approve a service contract with River Park Little League, Inc., to provide recreational programming at Kaiser Park and Inspiration Park.
6. Approve Third Amendment to Agreement with Resources for Independence Central Valley regarding use of Inspiration Park.
Body
RECOMMENDATION
It is recommended the Council approve agreements that will allow River Park Little League to expand a parking lot and establish a youth soccer field at Kaiser Park, provide recreational services for Little League Challenger youth baseball at Inspiration Park, as well as continue Little League baseball operations in the Flood Control basin pursuant to a 1999 agreement with the Fresno Metropolitan Flood Control District.
EXECUTIVE SUMMARY
Since 1999, River Park Little League (the League) has operated Little League baseball fields in Basin “CN,” owned by the City, under agreement with Fresno Metropolitan Flood Control District (FMFCD), adjacent to Kaiser Park. For years, the League was allowed to park in the adjacent office complex; however, the office complex has recently been sold, and the new owner has subsequently terminated this arrangement. While there is an existing parking lot located at Kaiser Park, it is not sufficient to support the demand created during the baseball season.
In order to address this issue, staff is recommending a partnership with the League in which the City would contribute $300,000 toward the construction of an expanded parking lot, and in exchange, the League will construct and maintain at its expense a youth soccer field at Kaiser Park, as well as operate the Little League Challenger youth baseball program at Inspiration Park for the next 20 years. The City and the League would enter into a service agreement whereby the League will provide recreational programming (Little League Baseball and Challenger Baseball for disabled youth) at Kaiser Park, the Basin, and Inspiration Park, as well as maintaining the Basin, and the majority of Kaiser Park. The League is uniquely qualified to provide these services because it is chartered by Little League International to operate Challenger baseball and has the infrastructure, equipment, volunteers, and experience readily available and adjacent to handle the programs.
The League and City also propose to extend the term of the agreement for recreational use in Basin “CN” for an additional twenty years, and to clarify the agreement with Resources for Independence Central Valley (RICV) so there is no conflict between RICV’s use of Inspiration Park and the League’s use.
BACKGROUND
In March 1999, the Fresno Metropolitan Flood Control District and the League entered into an agreement for the League’s use of a portion of the District’s Ponding Basin “CN” (adjacent to Kaiser Hospital) for Little League baseball and other recreational purposes. The basin was then deeded to the City in April, 1999. Since 1999 the League has been permitted to use the parking lot of an adjacent commercial office complex for all League events; however, the League has been notified by the new owner of the office complex that it no longer has permission to use the parking lot.
The League has invested nearly $2 million in improvements, hundreds of thousands in operations and maintenance, and has served over 1,000 children per year providing youth baseball and Little League Challenger Baseball (for disabled youth) programs. Without access to parking, continued operation of the League will be impractical, if not impossible, and millions of dollars invested in improvements, operations, and maintenance of League facilities and the important role the League plays in benefitting the community may be lost.
It is important to note the League does not serve just northeast Fresno, but rather it has activities - tournaments, fall baseball, post season baseball, and Challenger League, that serve the entire Central Valley, and even holds post season Little League state championship tournaments that draw families from throughout the state.
The League seeks to enter into a ground lease agreement with the City to permit the League to expand the existing parking facility within Kaiser Park in order to accommodate 120 to 150 additional vehicles as well as establish and maintain a youth soccer field within the park. The total cost of the all the improvements are estimated to $400,000. The League shall pay rent of $1.00 per year, for an initial term of twenty years, and five additional ten-year extensions thereafter. Upon termination of the ground lease, title to all improvements shall vest in the City.
The League also proposes to extend the agreement for recreational use of Basin “CN” for an additional twenty years, from March 31, 2019, to March 31, 2039.
In exchange, the League would enter into a service agreement for recreational programming at Basin “CN”, Inspiration Park, and Kaiser Park. At a minimum, the League shall provide spring youth baseball, fall youth baseball, maintenance of a soccer/flag football field at Kaiser Park, spring Challenger League baseball for youths with disabilities at Inspiration Park at no charge for participation or spectator admission, and at least one four-hour Challenger League baseball camp for youths with disabilities each spring, at no cost to the participants.
Also notable is the significance of the Challenger program and its ideal fit for use of Inspiration Park, which includes a baseball facility designed specifically for individuals with disabilities. The Little League Challenger program allows youths with all ranges of disabilities to play baseball. Each player is assigned a “buddy,” typically another youth Little League player, who accompanies and guides each Challenger player while batting, running the bases, and in the field. Typically, four umpires in full uniform do the umpiring, with direction to really “play it up.” There are announcers on the public address system calling the play by play, all with the goal of making this an incredible experience for the players and their families - but, incidentally, it becomes a very rewarding experience for all the volunteers who also assist. It has been described by the families of the Challenger youth as the first time they have been “on the other side of the fence,” participating instead of watching others play. It can be an emotional experience to watch and see the joy this brings to these players and families. Inspiration Park was designed precisely for this kind of program, and this will allow it be utilized as envisioned.
Another incidental benefit that has already become evident by allowing temporary parking at Kaiser Park is, with the increased presence of people, there are far fewer problems with illegal use of the Park, a benefit to both park users and the surrounding residential and commercial neighborhoods.
The agreement shall commence when the Kaiser Park improvements are substantially complete (the effective date), and continue for a term of twenty years. The League’s compensation for all services under the agreement for the 20-year term shall be a total of $300,000, paid on the effective date. If the League breaches the service agreement, it will be responsible for repayment of the entire unearned service fee, less the depreciated value of the capital improvements, valued at $400,000 and depreciated at a rate of 1/20th per year.
Currently, RICV has an agreement to provide certain programming and services at Inspiration Park. The proposed Third Amendment will clarify that third parties with an agreement with the City to provide services at Inspiration Park, such as the League providing Challenger Baseball, shall be given first priority. RICV is also supportive of this agreement.
ENVIRONMENTAL FINDINGS
This project is categorically exempt pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), 15311 (Accessory Structures), and 15332 (Infill Development), because the League will be grading and installing a parking lot on an area of the park primarily consisting of dead grass and currently being used as temporary parking.
LOCAL PREFERENCE
While no local preference is required for service agreements of this type, the League is nonetheless a local organization.
FISCAL IMPACT
There is an initial City cost of $300,000 for the 20-year recreational service agreement of which $97,100 will come from District 6 operating carryover and infrastructure funds; with an additional $102,900 derived from funds remaining in the Kaiser Park Improvement and the Neighborhood Improvement (District 6) projects. The remaining $100,000 will come from General Fund revenues allocated in the 2018 budget. Any additional revenues and/or resources needed to complete the project will be generated by the League through donations or other “in kind” contributions.
Attachment: Resolution - River Park Little League
RICV Third Amendment to Agreement
RPLL Ground Lease
RPLL Service contract
Amendment and Extension of Agreement for Recreational Use of Basin “CN”