Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: DISCUSS NORCAL OAKS LICENSE AGREEMENT
Date: June 11, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council review and discuss the license agreement with NorCal Oaks Little League and provide direction to staff, if any.
Background
Under Future Agenda Items on the May 14, 2024, Mayor Sparks requested that the license agreement with NorCal Oaks be brought back before the City Councl for discussion. Staff believes the purpose of this item is to discuss public access on the baseball fields.
The City owns, operates, and maintains Cator Field and Putnam Park Baseball Field which include baseball fields, fencing, backstops, dugouts, bleachers, parking lots, restrooms, and a snack shack. In February 2017, Cal Ripken Babe Ruth Baseball (Cal Ripken) entered a five-year license agreement for field use, which required basic maintenance of the fields but did not propose or require improvements. Due to years of neglect, Putnam and Cator Fields were unusable for organized sports and Cal Ripken pulled out in 2022.
In early 2023, NorCal Oaks, a 501(c)3 non-profit little league organization approached the City to use Putnam and Cator Fields. Due to the field conditions, extensive repairs would be necessary to use the fields for organized sports. Unlike prior little league teams, NorCal Oaks offered to fund the repair and upgrade of the baseball fields. Looking for home fields for their teams, they believed Cotati would be a perfect location to make their home. Given the central location and completely open schedule of the City fields, Nor Cal Oaks believed that it offered the opportunity to consistently hold their practices and games on a “home“ field rather than always needing to travel out of the area to play.
On May 9, 2023, the City Council authorized a 10-year license agreement with NorCal Oaks.
The license agreement, attached, included a commitment by NorCal Oaks to contribute up to $577,588 to completely overhaul Putnam and Cator Fields and a commitment by the City that NorCal Oaks had the first right to schedule the fields for little league use during the term of the license.
With the license agreement in place, NorCal Oaks began construction activities in July of 2023, which was substantially complete at Putnam in May 2024. With the recent scoreboard installation, the only remaining work at Putnam is final clean-up, including the irrigation valves and dug outs. Work at Cator Field is less complete, with remaining work including backstop fencing, installing the bleachers and dug out benches and scoreboard.
Despite the commitment of $577,588 for upgrading the fields, NorCal Oaks has invested $1.3 million in the fields to date, with a projected total investment to complete at approximately $1.4 million. The fields now have new turf and functioning drainage systems, new irrigation systems, new gopher wire under the entire fields, special infield clay used in major league fields, new fencing, new dugouts, new backstops, new foul ball netting, new scoreboards, new warm up bullpens (Putnam), new batting cages (Putnam), etc. They are essentially entirely new fields and have significantly exceeded the commitment in the license agreement.
In accordance with the license agreement, NorCal Oaks maintains and pays the utility bills for the baseball fields (mowing, irrigation, repairs, etc.). As stated earlier, NorCal Oaks also has the first right to schedule use of the field for their little league games and practices. NorCal Oaks provides the City with an advanced field schedule, which the City posts on the facility calendar located on the City website.
Based on the distance to the outfield fencing and the distance between home plate and the bases as well as the pitcher's mound, Putnam Field is intended for older little league practices and games (essentially through middle school aged). When complete, Cator Field is intended for younger little league teams and softball play, as the outfield fence is shorter and the distances from homeplate to the bases and pitcher’s mound is shorter. The City is also currently in the process of developing joint recreation uses on these new fields for the community.
Analysis/Discussion
Field Gates
During construction, the gates to the field at Putnam were locked by NorCal Oaks and construction areas outside the fencing were enclosed with orange construction fencing. This was intended to prevent the public from entering an active construction area. There is also an ongoing concern about protecting the turf from damage when saturated, which is primarily a winter issue. By April 2024, most of the heavy rainfall had passed, making the field playable. At that time, NorCal Oaks began using the Putnam Field regularly. Cator Field is not currently in use, as construction is still in progress, with an expected opening date in July 2024.
Initially, the gates at Putnam Field remained locked between uses. The batting cages were locked due to the expensive equipment and liability issues associated with people using that equipment without instruction or waivers. The field gates were locked to prevent damage to the field, primarily dogs off leash, bicycles on the turf, or any uses around heavy rainfall events.
Based on past experience, when not in active use, the bases are removed and locked up on-site to prevent theft. Also, the pitcher's mound and home plate areas are built out of specialty clay soils that must be covered after use to prevent damage.
At the request of City staff, the field gates were unlocked in mid-April and signage was posted at the main entry gate to Putnam Field citing the code prohibiting dogs on the field, requiring permits for group use, and providing contact information for NorCal Oaks if there were field issues or to request access. With the gate unlocked for about one week, NorCal Oaks began to experience immediate field issues, including:
• On multiple occasions, NorCal Oaks had to ask a woman and her off-leash dog to get off the field. This person was reportedly extremely rude and told them that they have a right to be on the field.
• They had to fix a hole dug by a dog, as well as collect dog poop prior to games/practices to prevent kids from stepping/slipping in it.
• They asked a group of boys to get off the field when it was muddy. They were playing mud football and ripping up the grass.
• They found beer cans in the dugouts on several occasions.
Given this experience and liability concerns, NorCal Oaks contacted the City staff to discuss alternatives to open access. Due to these issues, related field damage, and a mutual desire to preserve this facility for the public, staff discussed alternatives with NorCal Oaks staff.
Ultimately, staff settled on allowing NorCal Oaks to lock the field gates but update the signage to include clear language indicating that it was a public field, adding a QR code link to the field schedule on the City website and updating the NorCal Oaks phone number so people could schedule informal uses of the field. Group use would still be scheduled by the City per the City’s Park Policy.
With the recent completion of the field, using the current reservation and informal systems, staff is aware of the following other uses (in addition to the regular little league games and practices):
• A Co-ed adult softball team used the field.
• A man reached out and asked to use the bullpen. NorCal Oaks showed him how to repair it after use and how to lock up after use.
• Some high school kids requested to use the batting cage. NorCal Oaks had them sign a waiver and left them to lock it up.
• An elderly woman reached out and asked if she could just walk around on the grass, so this was subsequently arranged.
• A father and son requested to out and practice on the bases. NorCal Oaks supplied them the bases and asked them to leave them installed and inform NorCal Oaks when they were finished. NorCal Oaks cleaned up and put everything away.
Complaints
Staff has received two (2) complaints regarding the locked gates. One was a verbal complaint from a caller at the City Council meeting on May 14, 2024. The second was a woman who wanted to walk on the baseball field. She was provided access (see above) upon request.
Other Municipal Examples of Field Access Management
The following are some examples of neighboring communities where staff were able to get a timely response.
Town of Windsor
The “main” baseball fields at Keiser used by Cal Ripken youth league and Windsor High School are fenced and locked from public use. The groups that have a permit for the field are provided with the lock combo so they can access the field. They lock up when they leave. They change the lock combos as needed, typically once a year or so. At Esposti Park, the baseball field isn’t fenced in, but they have fence gates that lock access to the dugouts.
City of Healdsburg
Healdsburg has two park facilities that were locked at one time, but both are now open to the public for use. No other facilities have fencing to secure them. Recreation Park was locked ”for years“ but was unlocked during the COVID pandemic. The Healdsburg School District put in synthetic turf for their soccer field and locked the facility. At some point recently, the District stopped locking the facility.
City of Napa
Two fields are fenced and locked. They provide the combo to leagues and for permits and change it annually. The school district also rents their fields to the public. They have field attendants to open fields and parks crew does weekly inspections. They do field use by permit only and have a sign that says “Call for info”.
City of Petaluma
The City locks two of their fields - Miracle League Field, and the PCSF baseball field (brand new). Both of these fields have been locked since they were built, and the City issues keys to user groups. Use is by permit only. Due to extensive resources that went into them the City believes that they need to keep them more regulated than their other fields. No other park amenities besides restrooms are locked.
City of St. Helena
Fields are not locked, but they lock the grandstands and dugouts. Dogs off leash prohibited by ordinance and they have the Police Department enforce and do extra patrol.
City of Rohnert Park
In general, Rohnert Park does not lock their fields. The city does lock the service gates on baseball fields to prevent large unauthorized equipment from going onto the field. Users with permission are given keys so they can do field maintenance. Fields may also be locked in case of bad weather. If the field would be closed to the user due to rain then it isn‘t open to the public either. Users with special event permits for events such as tournaments can arrange to lock a field for a small amount of time leading up to the tournament and during it as part of their permit.
The users put a lot of effort to get the field ready for the event so it’s allowed to be locked overnight, for example.
City of Novato
No locks on baseball fields, but they do lock their pickleball courts during closed hours (dark).
The school district has been making improvements to their outdoor athletic facilities and are locking each of them, including tennis courts, tracks, synthetic fields, etc.. The district is currently working to develop a key fob system where residents can purchase a fob for lifetime use.
Potential Options
Putnam Park is currently undergoing significant improvements. The baseball field was the first part of this, but the upcoming City project will also add significant improvements, including a new fenced off-leash dog area and some new pathways and a bridge to the existing Laguana Pathway. Fundamentally, the issue isn’t use and normal wear and tear on the field; it’s misuse of the field that can cause expensive damage and potential liability. The most common issue is dogs off leash digging holes, but can also include playing on a saturated field, bicycles on the field, etc.. If not re-tarped after use, the home plate area and pitcher's mound clay can also dry out and get destroyed.
To address these issues while ensuring public access, there are some potential options:
• Schedule Open Public Field Times. This option appears to address the various needs, is low cost and can be implemented immediately is to add open public field times, like open swim hours in public swimming pools. These would be scheduled on the facility calendar and posted prominently at the field and potentially through media channels.
During these times, NorCal Oaks could set the field up to allow for free public use and close things down at the end of that time. Use of the batting cages would require liability waivers which NorCal Oaks would manage. As is currently the case, people could also still schedule any other available times. Once Cator Field is complete, these can work in concert.
• Key Fob System. This is a more expensive and complicated option, but the City could create a key fob system and allow check out at the police department. This would be checked out with a liability waiver. If the key fob is lost or not returned, it can be easily deactivated. Keys and keypad locks are too easily replicated and shared. This option would need to develop a system to instruct users on how to set out the bases, remove the tarps and lock everything up when done, or include coordination with NorCal Oaks.
It should also be noted that prior to the other city improvements at Putnam Park being completed, dogs off leash will continue to be an issue generally. Staff do receive complaints from residents about dogs off leash, particularly in the playground area and in the parking lot.
While most people love dogs, some people are terrified of them, and it creates a regular issue for those users at Putnam Park as well as other City parks. To be able to effectively enforce the leash laws and officially end the on-going ”pilot” off-leash program at Putnam Park, the City ordinance needs to be updated. This is on the FY 24-25 workplan and is scheduled to be completed in the first half of FY 24-25.
Recommendation
Given the various completing needs, staff recommend working with NorCal Oaks to immediately begin scheduling and publicizing open public field times. Additionally, actively working on completion of the design and construction at Putnam Park will provide more offleash and walking options. Updating the off-leash ordinance will improve enforceability and make the parks generally function better for all users.
Financial Considerations
No financial impact if the City Council chooses the staff recommendation. A key fob system and the related locks and gate hardware is estimated at approximately $20,000.
Environmental Issues
Reviewing the NorCal Oaks license agreement is not a project under CEQA as defined by Section 15378 of the CEQA Guidelines..