HomeMy WebLinkAbout1992-07-14; City Council; 11794; BATTING CAGES - STAGECOACH PARK’\ CITY I)’ CARLSBAD - AGENOAWL
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0EPT.S BAITING CAGES - STAGECOACH PARK c,Ty M,
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RECOMMENDED ACTION:
Adopt Resolution No. 92-328 approving the agreement with the La Costa Youth Orga
(LCYO) allowing their organization to construct a permanent batting cage fac
Stagecoach Park (Exhibit 1). Prior to construction, a $35,000 letter of credit will be 1
along with approved plans and specs.
lTl5M EXPLANATION:
3 LA! -3 0 E fa- 2
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$ z 3 0 0
There has been a request from the LCYO to construct a batting cage facility at Stageco
at no cost to the City. At the August 1991 Parks and Recreation Commission met
Commission requested that staff look for an alternate location. Considering LCYO spl
requested that a batting cage be located in the Southeast Quadrant, staff spent a con
amount of time searching for a potential site in this area of the City. After carefully rl
alternative sites, staff reported back to the Commission recommending Stagecoach Pa
only site that was currently available to construct a batting cage on. The Co: conceptually approved the construction of the batting cage contingent upon the re approval of several key issues. They are:.
0 Have Planning Director review the site plan and to give recommendation
direction in which LCYO must proceed as it relates to the CUP process.
0 Review architectural design of the cages that guarantees it is consistent v
structures at stagecoach Park.
Review with City Attorney the use of cornunity volunteers workiI
construction of a batting cage, Le., workers comp issues, legality
volunteers, and public contract bidding.
0 Initiate a report from Traffic Engineer to analyze potential parking and t
problems.
0 Develop a maintenance and donation agreement with the LCYO. This i
would identify financial obligations, maintenance responsibilities
requirements and priority use which includes the use by the public.
0 For Parks and Recreation staff to design a fee structure and incorpora
existing facility use regulations and fees schedule.
During the past several months each of these issues have been reviewed with the 2
City department. The Planning Department has reviewed the architectural design
well as the original terms and conditions for the CUP of the Park and have recognizl
structure is compatible with the existing structures in the park and has admi
approved this project. The Assistant City Attorney and Risk Manager have also aF
construction of the cages contingent that LCYO proyide workers compensatj
volunteers who are working on the cages. LCYO has indicated that the work will
licensed contract workers who have previously obtained the required insurance.
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With the addition of a new structure at the site, the parking and traffic flow
analyzed. After a thorough study, the Traffic Engineer recommended that a d turnaround area be required at the northeastern end of the parking lot. Under the SI
of City staff, the LCYO will be responsible for modifylng the turn around area w
would allow automobiles ample room to load and unload youngsters safely.
A donation agreement has been developed which identifies the requirem
responsibilities of LCYO (Exhibit 2). Financial obligations, maintenance responsib
existing Facility Use Regulations. Fees were determined by analyzing the market in 1
sector and modifying the fees for community recreation use.
At the May Commission meeting, the Parks and Recreation Commission unanimouslj
the donation agreement which allows the La Costa Youth Organization to cc
permanent batting cage facility at Stagecoach Park at no cost to the City.
FISCAL IMPAm
Pending the approval of the City Council, it would be the financial responsibilig
Costa Youth Organization to take care of any and all costs which would include cc
of the cage as well as the turnaround area improvements. If the cages were ligl
would be an annual utility cost to the City which would be minimal. A rental fee :
organizations to rent the facility has been established. This would in fact genera
to offset minor expenses for lighting. Staff would be responsible for the schedu
cages which would be absorbed in the existing operation budget.
EXHIBITS
1. Resolution No. c) 2 -228
priority use are specified in this agreement. A fee structure has been incorpora
2. Donation Agreement
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RESOLUTION NO. 92-228
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING THE DONATION AGREEMENT WITH THE LA COSTA
YOUTH ORGANIZATION ALLOWING THEIR
ORGANIZATION TO CONSTRUCT A PERMANENT
BATTING CAGE FACILITY AT STAGECOACH PARK,
WHEREAS, the City of Carlsbad and the La Costa Youth Organizat
hereinafter referred to as L.C.Y.O., desires to construct a permanent batting
cage facility at Stagecoach Park, and
WHEREAS, upon completion of construction the L.C.Y.O. agrees t
donate the batting cage structure in its entirety to the City of Carlsbad, and
WHEREAS, a $35,000 letter of credit will be required from L.C.Y
prior to construction,-and
WHEREAS, each organization has specific responsibilities in the
provision of such agreement.
NOW, THEREFORE, be it resolved by the City Council of the Ci!
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. The Donation Agreement attached hereto is hereby approve
3. That the Mayor is authorized and directed to sign the Agrm
on behalf of the City of Carlsbad.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
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Carlsbad City Council held on the 14 th day of JULY , 1992 by the
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following vote, to wit: ..
AYES: Council Members Lewis, Kulchin, and Sta
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NOES:
ABSENT: Council Members Larson and Nygaard
ATTEST:
[$7/1[, /- G ,~
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CLAUDE A. BUD LEWIS, May
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BATTING CAGE DONATION AGREEMENT
BETWEEN THE CITY OF CARLSBAD
AND w\ COSTA YOUTH ORGANIZATION
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THIS USE AGREEMENT made and entered into this day of ~ 1992, by
between the City of Carlsbad, hereinafter referred to as "City", and the local n0n-p
organization, La Costa Youth Organization, hereinafter referred to as "LCYO".
WITNESSETH
WHEREAS, the LCYO desires to construct a permanent batting cage strut:
at Stagecoach Community Park (Exhibit A).
NOW, THEREFORE, it is understood and agreed by and between the pa
herero as follows, to wit:
1. SERVICES/FUNDS PROVIDED BY LCYO will be responsible for all fun
and construction costs for the proposed batting cage facility. AI1 necessary and pr
permits and approved of plans and specs. shall be the responsibility of LCYO and mu;
obtained prior to commencing construction. A $35,000 letter of credit will be reqt
from LCXO prior to construction.
2. EMPLOYEES AND AGENTS. For the purposes of this agreement
persons employed in the performance of services and functions for LCYO shall be dee
to be an employee or volunteer in the services of LCYO and not the City of Carlsbac
The City shall not be responsible for compensation or indemnity to any LCYO employe
injury or sickness or wages arising out of hisher service with LCYO. WOI
EXHIBIl
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Compensation benefits for all project employees and/or volunteers will be required t
LCYO. LCYO shall file proof of such insurance prior to commencing consaction.
3. COMPLIANCE WITH LAW. LCYO shall, at its sole cost and expen!
comply and secure compliance with all ordinances, statutes, laws, regulations, a
requirements of all local, state, and federal authorities now in effect, or which rr
hereafter become effective pertaining to the premises.
4. HOLD AND SAVE HARMLESS. The City, its, agents, officers, ;
employees shall not be, nor be held liable for any claims, liabilities. -enalties, fines, or
any damages to the goods, properties, or effects of LCYO or any of XXO representati
agents, employees, guests, licensees, invitees, patrons, or clientele, or of any other pen
whosoever, or for personal injuries to, or deaths of them, or any of them, whether cal
by resulting from any acts or omissions of LCYO in or about the facility, or by or from
act of omission of any person or by or from any defect in any part of the premises or j
any other cause for reason whatsoever.
LCYO further agrees to defend and hold and save free and harmless the CitJ
its authorized agents, officers, and employees against any of the foregoing liabilities
to pay any and all costs and expenses, including but not limited to court costs
reasonable attorneys’ fees, incurred by the City on account of any such liability.
To dktuate this clause, and as an additional requirement and not to r
LC~O of the obligations imposed hereunder, on or before the effective date 0
agreement, LCyO shall deliver to the City a certificate of bodfiy injury and PropertY d
including theft or vandalism, liability insurance issued by a company licensed to tr
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such business in the State of California, reciting the LCYO has the liability insurancf
required in paragraph 5 below, and that the policy has endorsed or otherwise Coven
contractual liability imposed by this agreement.
5. INSURANCE. LCYO agrees to take out and maintain, at its own expe
public liability insurance with an insurance canier satisfactory to the City, naming the
as additionally insured, to protect against the liabilities mentioned in paragtaph 4, am
damages on account of bodily injury, including death resulting therefrom, suffere
alleged to be suffered by any person or persons whatsoever resulting directly or indirl
by or from any act or activities of LCYO or any person acting for LCYO, under LC
control or direction, and also to protect against Ioss fiom liability for damages to or
for vandalism of any person caused directly or indirectly by or from acts or activities 0:
person acting for LCYO or under LCYO's control or direction. Such insurance sha
maintained in full force and eff$ct during the entire term of this agreement in an an
of not less than One Million Dollars ($l,OOO,OOO), combined single limit, for
occurrence.
One copy each of said certificate of insurance shall be sent to the offices (
Parks and Recreation Director and Risk Manager.
CITY. City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
LCYO: La Costa Youth Organization Scott Pieratt
P.O. Box 9000
Carlsbad, CA 92009
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6. ADMINISTRATION. This agreement shall be administered on behalf of tl
City by the Parks and Recreation Director, or his designated representative. The LC3
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shall apply for use of City facilities in accordance with the established "Facility t
Regulations" (Exhibit B).
7. USE. The City shall make available to LCYO, on a non-exclusive use ba:
the batting cage, identified on Exhibit A and attached hereto and by this reference m;
a part hereof, for the purpose of conducting the La Costa Youth Organization prograr
8. MAINTENANCE. It will be the financial responsibility of LCYO to take c
of future maintenance costs which includes replacement of netting, painting
miscellaneous repairs.
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9. STORAGE. The City shall be provided with ample storage space witkin
batting cage, where supplies and equipment can be stored.
10. Other than as stated herein, LCYO shall have no rights, privileges or ck
in any form whatsoever to the batting cage that is the subject of this agreement and ag
to donate and forever quitclaim, discharge and release any claims past, present, or fi
in said batting cage.
11. mRETY. The entirety of the agreement between the parties is set
herein.
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IN WTTNESS THEREOF, the parties hereto have executed this agreement on
~I date first above written.
LA COSTA YOUTH ORGANIZATION CITY OF CARLSBAD
By: By:
SCOTT PIERATT, President CLAUDE LEWIS, Mayc
Date:
ATTEST:
Date:
ALETHA L. RAUTENKRANZ, City Clerk
RON BALL, Assistant City Attorney
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PROPOSEO
BATTING
CAGE
EXH
COMMUNITY PARK
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LEGEND
PARKING
BALLFIELD / SOCCER .
BALLFIELD
RESTROOM
BASKETEALL
PLAY AREA
PICNIC AREA
NATURE AREA
RECIRCULATING STREAM
TENNIS COURTS
ADOBE RUINS
GYMNASIUM / C0MMUNIT.Y BLDG.
M. VOLLEYBALL
N. RESTROOM / CONCESSION .. $1. ,MA!IVE,\’A8NQ,5 RRUt’AthtG
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EXHIBI'I
CITY OF CARLSBAD
PARKS AND RECREATION DEPARTMENT
FACILITY USE REGULATIONS
Applications for use of City facilities may be made by mall or in-pe
at the Harding Community Center, 3096 Harding Street, Stagecoach Commu
Center, 3420 Mision Estancia or at Calavera Community Center, 2997 Glas
Applications will be accepted Monday through Friday, 8:OO a.m. to 12:OO noon
1:OO p.m. to 5:OO p.m., except holidays.
Applications will be reviewed, use will be prioritized and fees, if
set by the Recreation Supervisor. Please refer to Application Procedures, RL
Pri Ori ty C1 ass i f i cat i ons and Fee Schedul e.
APPLICATION PROCEDURES AND POLICIES
1. Applications will be accepted for specific dates and times, Time requl
must include all set-up and clean-up time. Applications must be subm
at least ten (10) working days in advance of the date requested. Adv
schedul ing may be accepted one (1 i year prior for 1 arger special eve
2. Regular hours of operation are Monday through Friday, 8:OO a.m. to
p.m., Saturdays, 8:OO a.m. to 4:UO p.m. On Friday and Saturday ni
programs must end by 1:OO a.m., with a departure time no later than
a.m. An additional fee will be charged for use of the facility other
during regular hours of operation for all classifications.
3. Appl ications will be approved for specific rooms, park areas and
fields, depending on group size, type of activity and availabilit!
activity shall be scheduled for more than room capacity. . .. .
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4. The Department may refuse or cancel any application. Written noti
I refusal or cancellation with appropriate explanation will be given
Department. Applications for use may be denied for the fol.lowing re
a. Unsatisfactory prior use. '
b. Hazardous condition exists,
c. App1,ication submitted less than ten (10) days in advance*
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d. Non-payment of fees before due date.
e. Higher priority activity takes precedence.
If an application is denied, the decision may be appealed to the
Principal Recreation Supervisor. The next option, if the applicant is
satisfied, is to appeal it to the Recreation Superintendent, Parks
Recreation Director and Commission. The final appeal can be made to
City Counci 1.
The Department reserves the right to limit the number of uses by
one group so that the entire community may make use of the lim.
facilities available.
5. In the event of a change of plan by applicant, notice of cancellation f
be given to the Department 21 days before the date of intended use in o
to avoid financial obligation for charges involved. A ten dollar (
processing fee will be charged and a refund, if applicable, will be ma
to the applicant.
6. All fees must be paid at one of the Community Centers, Harding, Stagec
or Calavera Community Center, Checks or money orders are made payab'
the "CITY OF CARLSBAD".
7. A $150 refundable cleaning/damage deposit must be paid upon appl ici
approval. The remainder of the fee is due 21 days before scheduled
Groups using facilities on a weekly, semi-monthly or monthly schedule
pay on or before the first meeting of the month. Other arrangement
be approvad by the Recreation Supervisor.
8. A signed copy of your appl i cat ion by the Recreation SuPervi SOr i 5
confirmation of the requested date. Any preparation for an event i S !
at the applicant's risk.
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9. The Recreation Supervisor may impose additional requirements on
appl icant as a condition of approval . These additional requi rernents
include, but are not limited to, additional security, City staff
insurance. If an appl ication for facility use has been submitted less '
10 working days in advance, ,applications may be reviewed and accommod,
subject to facility availability. Any financial obligations incurrec
the City to accommodate the applicant will be deducted from the requ
deposit upon notice of cancellation. Cost incurred for additi
requirements shall be the responsibility of the applicant.
RULES GOVERNING FACILITY USE
1. An employee of the Parks and Recreation Department shall be present dt
a17 hours of use. Applicants that have been approved by the Departmen'
be issued a key for off-site locations. The applicant is then respon!
to secure the facility when leaving.
2. C1 ean-up/Refunds ..
a. On the day of the event, the patron must initially inspect the pre
with a staff person and fill out a Condition of Facilitv ReDort.
report is a check 1 ist to insure there is no negl igence by either
(Recreation staff or patron) q
b. Groups are responsible for the following clean-up at the end of
event : - C1 eaning of a1 1 equipment used.
- Cleaning of any counter areas used.
- Cleaning and wiping all table tops used.
- Clean-up of any floor or carpet areas soiled or dampened.
e Clean-up of the kitchen and all amenities used
- Putting all trash in proper receptacles.
- Removal of all equipment supplies, personal articles, dis
refrigerator, stove, oven, sinks, etc.).
etc., immediately following clean-up.
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C. At the end of the rental and clean-up period, the patron will ins1
the Premises with a staff person and complete the Condition of Faci
Rmrt.
d. If a group fails to perform a clean-up after their activity, the t
deposit will be forfeited. If the facility is left in a satis-fac
condition, a refund will be issued approximately three to four k
after the date of the facility use.
3. All groups must be under the direction of their own leadership. There
be at least one adult present and responsible for each twenty minors
an adult must be present at all times.
4. The City of Carlsbad is not liable for accidents, injuries or lo
individual property in connection with any of 4ts facilities. Groups
fall into moderate to high risk activity will be required to a
1 iabil i ty insurance. (rider clause to original pol icy), approved b
Recreation Supervisor, naming the City of Carlsbad, its officer,
employees as additional insured. The City shall require liability insi
of $1 million to $5 million, depending upon the risk factor.
5. No activity will be permitted which is in violation of local, st;
federal statutes. Applicants must adhere to all City policies an(
codes during their use of the facility.
6, Groups are responsible for controlling noise that could be disturb
other activities or the surrounding nelghborhood.
. 7. The Parks and Recreation Department reserves the right to full acce
all activities in order to ensure that all rules and regulations arl
observed, and may terminate the activity for the safety and welfare
citizens or City property.
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8. Rental for US@ of parks is charged only for organized activities reques
specific areas. Liability insurance or security guards may be neces
depending on a) risk factor level, b) alcohol, and c) nature of use.
9. Scout groups in Carlsbad have first priority for use of the Scout Ho
at no charge. The facility will be available for use by other groups
not in use by the Scouts. The Scout troops must submit a "Facility
Application" with the Department. This form will be good from Septe
through June. If summer use is needed, a separate application mus
submitted.
10, Groups having 1 ive musical entertainment or serving alcoholic bevel
must abide by the following additional security requirements:
a. Groups selling alcohol must obtain "Daily On-sale General License"
the Alcohol Beverage Control Board.
b. Guard service will be arranged by the Department but paid bq
applicant. Guards will act as security forces and not as I .D. chec'
Additional guards may be assigned by the Recreation Supervisor:
needed.
11. Alcoholic beverages shall not be purchased or brought into the buildi
other than the person responsible for the activity or 1 icensed cat
Alcoholic beverages are not to be consumed outside the building. If n
are found to be in possession of alcoholic beverages, or if partici
are found to be in possession of drugs, the activity will be term'
immediately.
12, Approval for use will not be granted to a person under twentY-onf
years of age.
13. Department equipment is available for use in the City's facilities, t
not be removed to any other location Without proper written authori
by the Recreation Supervisor.
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14. Use of the facilities by re1 igious groups, groups or individuals for pri
or commercial profit making ventures will be limited to three (3) mon
Use may not be extended or renewed beyond the original period.
15. The use of any facility will.not be granted or permitted to any individ
society group or organization which has its objectives the overthrc
advancing of the overthrow of the present form of government of the UI
States or the State of California by force, violence or other means.
16. No two groups of opposing political parties or political affiliation
be scheduled at the same time at any facility.
17. No tape, nails, staples, etc. will be permitted on the walls o
faci 1 i ty.
18. SMOKING IS NOT PERMITTED IN ANY CITY FACILITY,
19. Stagecoach and Cal avera Community. Centers/Gymnasiums:
a. Gymnasium usage will not be granted when other City facilitir
deemed more suitable for requested usage.
b. No food, beverages, or hard sole shoes allowed.
c. Floor cover to be in place for a1 1 events other than sports.
20. Safety Center Conference Rooms:
a. In the event of a major emergency occurring withln the City the m rooms will possibly be used by City officials. Groups scheduled the rooms will be preempted during that time. An appropriate of rom reservation fees collected, or rescheduling of the car
meetlng will be arranged.
b. Parks ad Recreation Department personnel will process appl kat.
more than thirty (30) days in advance. Pol ice and Fire Oepartmel
have first priority.
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CLASSIFICATION OF APPLICANTS AND FEES
Each application will be reviewed by the Recreation Supervisor and classi
into a group depending on the type of organization and the intended use.
the facilities. The classifications are listed in order of priority classification "A" first, classification "B" second, etc.
The City attempts to accommodate all groups; however, there is a 1 imi ted nl of facilities. Unfortunately, the demand exceeds the supply. For that re a priority system for use had to be established.
Park!: and ReCreatiOfl CkqartfWflt'S activities.have first priority for the U!
A. Parks and Recreation activities; Co-sponsored activities; other departments.
Exampl es: Friends of the Library, Carlsbad Book Fair
B. Non-profit organizations (non-paid management); Carlsbad residen, for-profit, civic, social organizations and any organiz sponsoring a public forum or candidates night.
Exampl es : Carlsbad Rotary, La Costa Youth Organization, Bobb! Little League, Boy Scouts, Lions Club
C. Carlsbad resident not-for-profit, civic, social organizations management); educational institutions; resident recreational.
Examples: Boy's and Girl's Club, School District, lindsay Prc Management Association
D. Local 1 y organized groups whose normal place of meeting is 1 oca the City of Carlsbad; resident religious; resident political can use for fund raisers; non-resident not-for-profit civic and organizations; resident private parties.
Exampl es : North County A.A., Y.M.C.A., resident reiigio pol i tical groups
E, Resfdent commercial, business, profit making organization resident private party activities.
Exampl es : Carl sbad Inn, non-resident parties, weddl1 receptions
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f. Non-resident commercial, business, political, profit making religious organizations.
Examples : Trade shows, company training, meetings, seminars
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IN ORDER TO QUALIFY AS CLASSIFICATION "E" OR "C" NON-PROFIT USER, ORGANIZATION MUST MEET ALL OF THE FOLLOWING CRITERIA:
1. The organization must be registered as a not-for-profit corporation the State of California, or, if not registered with the State, must a constitution or by-laws which clearly state that the objectives of organization are of a non-profit, non-commercial nature.
2. The organization must be comprised of volunteers, 51% of which mus Carlsbad residents.
3. The organization must submit the following:
a. If incorporated, submit State incorporation papers and by-laws; i incorporated, submit constitution and by-laws.
b. Financial verification of organization's exemption from income (Department of the Treasury form 990 may be used.) An up-dated
will be required by October 1st of each year.
c. A signed statement verifying item "2" above.
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FACILT, XE SCHEDULE AND CLASSTFICA NS
REGULAR OPERATION HOURS
HardinsdCalavera/and Staxecoach Communitv Centers
Monday - Friday 8:OO a.m. to 1O:OO p.m.
Saturday 8:OO a.m. to 4:OO p.m.
Safetv Center Conference Rooms
FoUPalowski Mtg. Rooms Monday - Friday 2:OO p.m. - 1O:OO p.m.
Saturday 8:OO a.m. - S:OO p.m.
E.O.C. Mtg. Room Monday - Friday 8:OO a.m. - 1O:OO p.m.
Saturday 8:OO a.m. - 5:OO p.m.
Fees are based on an hourly rate, with a two hour minimum (except ballfields). An ez
staffing fee of $7.00 per hour is required for all recreation usages other than reg
operation hours.
CATEGORIES
FAcILlTIEs - ABCD - E
Harding Community Center
Auditorium
Recreation Hall
Multi-Purpose Room
Kitchen
N/C $10 $15 $20 $40
N/C 10 15 20 40
N/C N/C 10 15 20
N/C N/C 5 10 15
Stagecoach/Calavera Community Centers
Gymnasium N/C 10 20 30 45
Activity Room N/C 10 15 20 40
Multi-Purpose Room N/C N/C IO IS 20
Kitchen N/C N/C 5 10 15
Safety Center
Fox Meeting Room
Palowski Meeting Room
Emergency operatins Center
N/C 7 12 17 2:
N/C 7 12 17 2:
N/C 7 12 17 2
Levante Center N/C N/C 10 15 2
Heritage Hd N/C N/C 10 15 2
Granary N/C N/C 8 10 1
Scout House N/C N/C 8 10 1
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a "1 LA " VLY" 0 PARKS - A" B c- D- E
Holiday - Gazebo Area
Stagecoach/Calam - Picnic Area
Magee Park - Open Area
La Costa Canyon - Upper Area
Laguna Riviera - Picnic Area
BALLFELDS
Chase, Pine, Stagecoach, Calavera
Day Use
Liqhts
Levar fety Center, Fuerte
Ise Only
BAITING CAGES
Stagecoach
TOURNAMENTS - ($200 deposit required)
Field plus Bases
Lights
Field Preparation
Snack Bar
TENNIS YOURT (Tournaments Only/Ddy Fee)
Carlsbad High School
N/C N/C
N/C N/C
N/C N/C
N/C N/C
N/C N/C
N/C N/C
N/C N/C
N/C N/C
N/C 3
N/C N/C
N/C 7
N/C 15
N/C N/C
' NIC N/C
5 8 LO
5 8 10
3 5 8
3 5 8
3 5 8
5 5 7
13 13 15
5 5 7
5 8 12
5 5 7
13 13 15
15 15 15
5 8 10
20 30 40
StagecoacWCalavera N/C N/C 15 20 25
Laguna Rivier8 N/C N/C 10 15 20
NOTES:
1. There is a two-hour minimum for the use of facilities, parks and meeting room
for ballfields which can be rented for one (1) hour. Fees will not be pro-mted
than one hour.
2. Day Use for the softball fields and the tennis courts is from 8:OO a.m. until d
additional amount is charged for lights.
3. Building rentals include use of tables, chairs, P.A. and kitchen facilitic
appropriate.
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