HomeMy WebLinkAbout1993-07-13; City Council; 12312; AVIARA OAKS MIDDLE SCHOOL ACTIVITY PLAY FIELD DEVELOPMENT PROPOSALT
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/ CW OF CARLSBAD - AGEWA BILL ’ J’‘ 7”:- - -
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DEPT. PC(
AVIARA OAKS MIDDLE SCHOOL
ACTIVITY PLAY FIELD
DEVELOPMENT PROPOSAL
RECOMMENDED ACTION:
Adopt Resolution No. q.,?-dO5<pproving:
1. The phased-development concept of activity play fields at the Aviara Oa
Middle School site.
A separate Joint Use and Community Recreation Agreement with Carlsb:
Unified School District for the Aviara Oaks Middle School site.
An agreement with the La Costa Youth Organization to assist in th
development and maintenance of the Aviara Oaks Middle School activit
play fields.
Application for use of Roberti-Z’Berg-Harris Grant funds for Phase
development of the activity play fields.
Withdrawal of previously submitted application for use of Roberti-Z’Berg-
Harris Grant funds to construct a barbecue facility at the Senior Center.
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ITEM EXPLANATION:
In December of 1992, the Council rejected the bid proposal to construct a barbecue at
the Senior Center utilizing grant, city, and private donations. Council directed staff to
return with a report containing alternatives for a barbecue that meets the criteria, yet
does not exceed a cost of $S,OOO, and alternatives for use of Roberti-Z’Berg-Harris funds
which would provide recreational benefit to the community.
Staff brought the issue of the barbecue back to the Senior Commission in January of
1993. The Senior Commission voted to abandon the construction of a barbecue at this
time and recommended that the grant funds be utilized for other to be determined city-
wide projects.
The Parks & Recreation Commission, on January 18, 1993, considered several
enhancement for the Aviara Oaks Middle School. Because the grant requires a donation
from a private source, the Commission directed staff to contact the La Costa Youth
Organization to see if they would participate in providing the necessary funds.
Staff also contacted the State’s project office for local assistance regarding the Roberti-
Z’Berg-Harris Grant. The State representative indicated the City could change their
project application to include the development of the Aviara Oaks Middle School.
alternative uses of the grant funds and voted 6-1 to pursue approval for field
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However, it would require an agreement with the Carlsbad Unified School District tc
include a clause to allow for termination by mutual consent.
To that end, staff has been successful in negotiating with the Carlsbad Unified Schoo
District’s Board of Trustees and the La Costa Youth Organization’s Board of Director
in the preparation and the signing of the attached agreements that would allow for thl
phased development of the school playground facility for public use and secures (
financial commitment for the grant, development, and maintenance of the subject plq
area.
Development Proposal
Staff has prepared the following phased development schedule for the Aviara Oak:
Middle School play field:
Phase I ($30,590)
In fiscal year 92-93, the City will apply to the state for $21,416 in Roberti-Z’Berg-Harri!
Grant funds, coupled with $6,200 of prior approved GCC funds, and the $3,024 0-
private contributions from the La Costa Youth Organization totaling $30,590, to
construct a backstop, player dugout, and an 8’ high chain-link boundary fence.
Phase I1 ($1 7,000)
In fiscal year 1993-94, the La Costa Youth Organization, by the use of volunteer forces
and donations, will prepare the infield and install an automatic irrigation system,
provide top soil, and plant grass. In addition, they will install a portable 4’-high
outfield fence. The La Costa Youth Organization (LYCO) will also be responsible for
the maintenance of the ballfield until the school is built and will sign a non-exclusive
use agreement. The cost of this phase is estimated to be $17,000.
Phase 111 ($40,000)
In fiscal year 1994-95, subject to approval, the City will provide $40,000 in Capital
Improvement Public Facility Funds to complete the southern section of the Aviara Oaks
Middle School play area by installing an automatic irrigation system and planting grass
that will provide an adult-size soccer field and two (2) additional softball/baseball
fields.
When this section is completed, the City will agree to maintain this portion of the play
area until the school is built. At that time the City will assume the maintenance of all
of the Aviara Oaks Middle School play area, approximately 5t acres.
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Comments
It is staffs feeling that the development of the Middle School play area by a
combination of District, City, and community efforts, will be a win-win situation for all
concerned. In the Capital Improvement Program (CIP), the City has budgeted $540,000
in Public Facility Funds (PFF) in the year 2002+ for the development of the Aviara
Oaks Middle School play area. However, if we can get the appropriate approvals and
coordinate the joint development efforts between the city, the district, and community
groups, it will result in a savings of many thousands of dollars and provide additional
sport fields ahead of schedule.
If the Council approves the Commission’s recommendation to apply the Roberti-Z’Berg
Harris Grant funds toward Phase I of the Aviara Oaks Middle School project, staff wil
forward the grant application to the State for grant application approval. The projec
must be completed by June of 1994.
FISCAL IMPACT:
Phase I
State Grant $21,416
GCC (City) 6,150
LCYO (Private) 3,024
Total $30,590
Phase I1
LCYO (Private Contribution) $1 7,000
Phase 111
PFF (CIP 94-95) $40,000
RECOMMENDATION:
If Council concurs, staff recommends that approval be given to apply for the Robert
Z’Berg-Harris State Grant funds for the development of Phase I of the Aviara Oak
Middle School playground project. In addition, it is recommended that Council approT
$6,150 out of GCC as identified in the 92-93 CIP to help meet the City’s portion of tk
total grant requirement.
It is also recommended that the Council approve the phase development schedule of tl.
Aviara Oaks Middle School playground project and approve the attached agreemen
between the City, the La Costa Youth Organization, and the Carlsbad Unified Scho
District.
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EXHIBITS:
1. Resolution No. 93-0?0s”
2. Joint Use and Community Recreation Agreement between Carlsbad Unified
School District and the City of Carlsbad for the Aviara Oaks upper playing field.
Agreement between the City of Carlsbad and the La Costa Youth Organization. 3.
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RESOLUTION NO. 93-205
A RESOLUTION OF ?HE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, WlTHDRAWfNG AN APPLICATION FOR ROBERTI-
Z’BERG-HARRIS GRANT FUNDING FOR THE DEVELOPMENT OF A
BARBECUE FACILITY, APPROVING A PHASED-DEVELOPMENT PLAN
APPROVING AN APPLICATION FOR USE OF ROBERTI-Z’BERG-
FOR ACTIVITY PLAY FIELDS AT AVIARA OAKS MIDDLE SCHOOL,
HARRIS GRANT FUNDING TO DEVELOP PHASE I OF THE ACTIVITY
FIELDS, APPROVING A SEPARATE JOINT USE AND COMMUNITY
RECREATION AGREEMENT WITH CARLSBAD UNIFIED SCHOOL
DISTRICT, AND APPROVING A DEVELOPMENT AND MAINTENANCE
AGREEMENT WITH LA COSTA YOUTH ORGANIZATION FOR THE
AVIARA OAKS MIDDLE SCHOOL ACTIVITY PLAY FIELDS
WHEREAS, in April of 1990, the City Council authorized the submittal of ar
application to the California Department of Parks and Recreation for the use o
Roberti-Z’Berg-Harris Grant funds to construct a barbecue facility, and
WHEREAS, the California Department of Parks and Recreation approved thl
application to fund the barbecue construction with grant funds, and
WHEREAS, the City advertised and received several bids for the barbecu
construction, and
WHEREAS, all bids received exceeded the amount of state grant funds ar
the required local match necessary in order to construct the barbecue facility, ai
WHEREAS, the City Council directed staff to investigate other possible UI
of grant funds for projects which would be of community recreational benefit, a
WHEREAS, staff has met with the La Costa Youth Organization and
Carlsbad Unified School District to evaluate the merits of developing activity i:
fields at Aviara Oaks Middle School, and
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WHEREAS, all parties have agreed that a phased-development of activi
play fields would provide benefit to the City, School District, and communi
recreation-oriented organizations, and
WHEREAS, a separate Joint Use and Community Recreation Agreemei
between the City and Carlsbad Unified School District (CUSD) has been prepare
and approved by CUSD for the development and use of the Aviara Oaks Midd
School Activity play field, and
WHEREAS, an agreement between La Costa Youth Organization (LCYC
and the City of Carlsbad for development and maintenance responslrbikitks ~CX th
activity play fields at Aviara Oaks Middle School has been prepared and approve
by LCYO, and
WHEREAS, in January of 1993, the Carlsbad Parks and Recreatioi
Commission approved the application for use of grant funds for the activity pla
field, and
WHEREAS, the City Council desires to consider the application for use o
Roberti-Z’Berg-Harris Grant funds for the Phase 1 development of activity play field:
at Aviara Oaks Middle School.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o
Carlsbad, California,
1.
2.
The above recitations are true and correct.
The Council approves the phased-deveiopment proposal for the Aviarz
Oaks Middle School activity play fields.
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3. The Council does hereby approve the separate Joint Use and Commun
Recreation Agreement with Carlsbad Unified School District for the Avia
Oaks Middle School activity pray field, a copy of which is on file with tt
Carlsbad City Clerk’s office.
The Council does hereby approve the agreement with the La Costa Youi
Organization outlining development and maintenance responsibilities of tl-
activity play fields at Aviara Oaks Middle School play field, a copy of whic
is on file with the City Clerk’s office.
The Council does hereby withdraw their application for use of Robert
Z’Berg-Harris Grant funds for development of a barbecue facility at th
Senior Center.
4.
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6. The Council does hereby approve and direct its staff to submit ai
application to receive Roberti-Z’Berg-Harris Grant funds in order to develol
Phase I of the activity play fields at the Aviara Oaks Middle School site.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Cit!
Council of the City of Carlsbad, California, held on the 13th day of JULY , 1993
by the following vote to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
RL ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk 1
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JOINT USE AND COMMUNITY RECREATION AGREEMENT
BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT
AND
CITY OF CARLSBAD
THIS AGREEMENT, made and entered into as of the \%"day of %&,
1993, by and between CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as "City" and Carlsbad Unified School District, State of California,
hereinafter referred to as "District" .
I
WITNESSETH
WHEREAS, the governing bodies of the City, and District are mutually
interested in an adequate program of community recreation under the auspices of
the City Parks and Recreation Department in cooperation with the District: an
WHEREAS, cities and school districts are authorized by Chapter 10 of
Part 7 of Division 1, Title 1 of the Education code of the State of California
(sections 10900 et. sec. ) to organize, promote and conduct a community recreatic
program and acti vi ties wi thi n or without thei r terri tori a1 1 imi ts ; and
WHEREAS, said governing bodies are authorized to enter into agreements wit
each other, to promote the health and general welfare of the community and
contribute to the attainment of the general recreation objectives for childre
and adults within the community; and
WHEREAS, the City has established a Parks and Recreation Department
responsible for carrying out the purposes of community recreation; and
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WHEREAS, in the interest of providing the best service with the least
possible expenditure of public funds, cooperation between the City and Districi
is necessary:
NOW, THEREFORE, the City and District agree as follows:
The District will make available to the City, the upper playing field arc
at Aviara Oaks School site for the purpose of conducting a diversified
community recreational program.
1.
2. The use of school facilities shall be in accordance with the regular
procedures of the District in granting request for use of school facilitir
specified by Chapter 10 of part 7 Division 1, Title 1 of the Education Co
of the State of California and the policies, rules and regulations of th
Governing Board.
The recreation program conducted by the City on school faci 1 i ties shall
open on equal terms to all persons residing within the boundaries of tk
District and City, but such participation shall be subject to rules ar
regulations adopted by the City Council and District.
A schedule of dates for the use of the school facilities will be worked (
in advance by the City in agreement with the District and this schedu'
will be arranged as to avoid conflict between school and recreation UI
In the scheduling of said facilities, school events and programs shall h
first priority; recreation programs established by the Parks and Recreat
Department, shall have second priority and any other events by other gro
or agencies shall have third priority.
3.
4.
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5. In the event of any dispute or difference arising as a result of tl
recreation program being conducted by City faci 1 i ti es , on the sites joint
used, or as to the use of District facility, then, in that event, sa-
dispute or difference shall be settled and arbitrated by appealing to tl
City Manager and Superintendent of the district, in accordance wit
established policies and procedures of the District and City.
6. The Parks and Recreation Department will provide or cause to be providc
all expendable materials, i .e.. bats, balls, etc., necessary for carryin
on its recreation program for all ages that will be conducted on the schoc
faci 1 i ti es .
7. The City may install and maintain sprinkler systems, turf,
pl aygroundlequipment , fencing and additional recreational equipment
not in conflict with school use, on school property in areas selected by
the City Manager, subject to the prior approval by the Superintendent of
School s , & 11 $&jy :, any installatior
of equipment or construction of facilities, for community recreatior
purposes, shall be at the City’s costs and meet standards established in
the California Education and Administrative Code.
8. It is further agreed that plans and specifications for the placement of all
equipment, facilities and permanent improvements upon school property and
the type, design and construction thereof, shall have prior approval of the
Superintendent of Schools prior to any installation thereof.
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9. The La Costa Youth Organization agrees to maintain the baseball field
the upper playing fields 'ufik'$a .i
10. For the purposes of this agreement, all persons employed in the perform
of services and functions for City shall be deemed City employees an
City employee shall be considered as an employee of the District or u
jurisdiction of the District, nor shall City employees have any Dist
pension, civil service, or other status while an employee of the Cit.
The District shall not be responsible for the payment of any salary, 1
or other compensation to any City personnel performing services hereun
for the City. City shall not be liable for compensation or indemnit:
any District employee for injury or sickness or wages arising out
hi s/her employment with District.
11. The District agrees that during the time that the City has use of scl
facilities, City may charge such admissions and fees for said USE
facility. All monies so levied and collected by the City shall be
remain the property of City.
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11. (continued)
However, no event for which an admission price is charged shall be he1
pursuanttothis agreement except amateur athletic contests, demonstration
or exhibits, and other educational and noncommercial events. In the us
of school facilities under this agreement, City agrees to comply with a1
of the requirements of the Education Code of the State of Californi
setting forth the limitations, requirements and restrictions on the use o
school faci 1 i ti es .
12. It is understood and agreed that all activities on school facilities
sponsored by District shall be supervised and conducted by District, ar
that all activities sponsored by City, pursuant to this agreement, shal
be supervised and conducted by City. Each party shall be responsible fc
said areas during their period of use, will bear the costs of all necessar
supervising or teaching personnel during said period.
13. Insofar as it is legally authorized, the District shall hold free and
harmless the City, members of the City Council , board or commissions, it
employees, officers and agents, while acting as such, from all claims,
loss, damages, costs, expenses or 1 iabi li ty which may arise by reason (
liability imposed by law because of injury to property or injury to (
death of persons, received or suffered by reason of any defective (
dangerous condition of any ground, site, building, equipment, play area:
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13. (continued)
recreation faci 1 i ties or other improvement 1 ocated on the premises own€
and maintained by District, or participation in any activity carried 01
or sponsored by the District, and further the District shall be responsibl
for any and all damages to property caused as a direct result of any schoc
activity being conducted on said premises by the District.
Insofar as it is legally authorized, the City shall hold free and harmle:
the District, members of the Board of trustees, its employees, officers ar
agents, while acting as such, from a1 1 claims, loss, damages, costs
expenses or liability which may arise by reason of liability imposed by lI
because of injury to property or injury to or death of persons, receivc
or suffered by reason of operation of the City recreational program up(
said premises, by reason of its development of the athletic fields of thl
property or its performance of its ob1 igations under this agreemeni
further, the City shall be responsible for any and all damages to proper1
caused as a direct result of any recreational activity being conducted (
said premises by the City.
14. The term of this agreement shall be for a length of ten years renewable
a year to year basis thereafter by mutual agreement. In addition, t
terms of this agreement may be modified at any time by mutual consent an
written agreement of the respective parties.
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15. Nothing in this agreement shall be construed to prohibit the Board
Trustees from participating financially in a specific recreation progr
when mutually agreed upon by the Board of Trustees and the City Counci
16. This Community Recreation Agreement may be terminated by either party t
of June 30 of any fiscal year for any reason at least 180 days' writtet
notice to the other. Due to a requirement of state funding undc
Proposition 70 (Roberti-Z'berg) for the development of the play fields 2
Aviara Oaks Middle School, termination of the agreement for joint use c
this site only will be by mutual consent of both parties.
CITY OF CARLSBAD, A Municipal Corporati on CARLSBAD UNIFIED SCHOOL of the State of California DISTRICT ti/'
By m-
' SUSAN-HARUMI BENTLEY Ed.D. Acting Superintendent
BY CLAUDE ~~~~~ "BUD" 7!.Ld/ LEWIS, Mayor /ptvd*
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By 1' ,cJ(?- ~..~/LJA-L'*
MARK 'D . PACKARD Board of Trustees
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AGREEMENT
This Agreement is entered into this r%y of@1993, by and between the City of
Carlsbad, hereinafter referred to as "City" and La osta Youth Organization hereinafter
referred to as "LCYO', P. 0. Box 9000, Carlsbad, California 92008.
Whereas, in order to promote the health and general welfare of the Carlsbad community,
there is a need for community groups to assist in the development of sport fields on City
and/or Carlsbad Unified School District (District) land for the youth of Carlsbad.
Whereas, the District is the owner of certain undeveloped real property, commonly referred
to "Aviara Oaks Middle School".
Whereas, LCYO sponsors, organizes and conducts various sport activities participating in
recreation programs where field play is, scheduled by the City's Parks and Recreation
Department.
Now, Therefore, based on good and valuable consideration and in consideration of promise?
contained herein, LCYO agrees as follows:
1. LCYO agrees with the memo dated March 25,1993 attached hereto and made a par
hereof, written to the District outlining the history and a phased developmen
proposal in the construction of the Aviara Oaks Middle School play field area.
LCYO agrees to contribute $3,024 of private contribution as a portion of the Roberti
Z'Berg State Grant, where funds will be used to complete Phase I of the three phasi
development program of the subject play fields.
LCYO agrees to participate in the Phase I1 portion of the three phase developmer
of the northern baseball field as outlined in the March 25, 1993 memo (cop
attached).
LCYO agrees that the construction under their supervision will meet all District ar
City specifications, standards and needs.
LCYO agrees to maintain, until the Aviara Oaks Middle School is constructed, tl.
northern baseball field area, to include water, mowing, fertilizing, edging, tra
removal and repair to the satisfaction of the District and the City.
LCYO agrees that prior to construction and for the duration of maintenance and u
of the subject play area, LCYO will provide for comprehensive liability insurar
naming the District and City as additional insured. The insurance policy will havt
limit of liability for defense and indemnity of at least one million dollars. LCYO F
provide a copy to the District and City prior to commencement of construction.
2.
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7. LCYO does hereby agree and understand that even though they have provided t,
funds and improvements to the District for the development of the Aviara Oa
Middle School Athletic Fields, that LCYO does not have exclusive use for this facili
However, notwithstanding the above, in consideration for LCYO’s providing the fun
for the improvement of fields, the District and the City of Carlsbad hereby agree th
LCYO shall have priority consideration of the fields for baseball use, subject .
District events and programs. Use of the fields at other times, including that 1
LCYO, shall first be through and in accordance with the permit system utilized I
Carlsbad Parks and Recreation Department. All other use, given third priority shs
be in accordance with District procedures for use of District facilities.
LCYO agrees to indemnify, defend and hold District and City harmless from any an
all claims, actions, costs, expenses (including attorney’s fees and costs), damages c
liabilities relating to LCYO’s construction of improvements until such time as th
responsibility of operating and maintaining the field passes to the District or Cil
under the terms of this agreement. LCYO further agrees to indemnify, defend an1
hold District and City harmless from and against any and all claims arising from an
breach or default in performance of any obligation on LCYO’s part to be performel
under the terms of this Agreement, or arising from any act, neglect, fault or omissi0
of LCYO or its agents, contractors, employees, servants, or volunteers, and from an1
against all costs, attorneys’ fees, expenses and liabilities incurred in connection wit1
such claims or any action or proceeding brought thereon.
In the event that either party must sue to enforce this agreement, the prevailing part!
shall be entitled to reasonable Attorneys’ fees and cost.
The term of this agreement shall be for five years renewable on a year to year basis,
therefore by mutual agreement.
Termination of this agreement may be inacted by either party for any reason upon
at least 90 days written notice to the other.
The intent of this agreement is that it shall be the complete and final expression
between the parties.
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In Witness Therefore, the parties hereby have executed the Agreement as noted.
A
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LAW OFFICES
OF
JEROME R. SMITH -
(619) 942-8900 LA COSTA PLAZA
7690 EL CAMINO REAL, SUITE 206
JEROME R SMITH
WILLIAM d FREED
RICHARD M RADOSH*
*OF CO'JNSEL
TELECOPIER I6191 942-8s
CARLSBAD, CALIFORNIA 92008
May 6, 1993
David Bradstreet
Parks & Recreation Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Aviara Oaks
Dear Dave:
Please find enclosed herewith the original executed agreement on behalf of
LCYO concerning the Aviara Oaks ballfield. LCYO's execution of this agreement was
approved at the May 5, 1993 board meeting.
JRS:mm
Enclosure
EXHIBIT 3