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HomeMy WebLinkAbout1989-10-16; Parks & Recreation Commission; 1089-2; Park site and facility planning subcommitteePARK 6 RECREATION COMMISSION - AGENDA BILL AB« mftQ-7 MTO 10-16-89 DPPT. P & R TITLE: PARK SITE AND FACILITY PLANNING SUBCOMMITTEE FINAL REPORT NORTHWEST QUADRANT PARK ISSUES DEPT. HD73L riTY ATTY CITY MGR. RECOMMENDED ACTION: ITEM EXPLANATION During the May 15, 1989, Parks and Recreation Commission Meeting, the issue of Northwest Quadrant Park Concerns was addressed as an agenda item. A staff report (Exhibit 2) had been prepared in response to several citizen concerns heard during the Commission review of the proposed Parks and Recreation Element revision on September 19, 1988. In addition, the report also addressed northwest quadrant park concerns as heard during Council's review of Zone 8 of the Local Facilities Management Plan on February 7, 1989. Several citizens addressed the Commission on May 15, regarding park issues relevant to the northwest quadrant. Mr. Mario Monroy, a representative of a group of concerned citizens in the northwest quadrant, informed the Commission that the group was requesting Council to create an adhoc committee to address their concerns. The Commission discussed the concerns of the citizens and their desire for an adhoc committee. Commissioners expressed the desire to cooperate with them in an effort to work out the problems of the northwest quadrant. Subsequently, the Commission unanimously directed the Park Site and Facility Planning Subcommittee to meet with representatives of the northwest quadrant and return to the'Commission with recommendations (Exhibit 3). The northwest quadrant citizen's request to form an adhoc committee to address park issues in the northwest quadrant was considered by the City Council on May 23, 1989. By consensus, the Council determined that the Parks and Recreation Commission should select a subcommittee to work with staff and representatives of the Northwest Quadrant Group to develop a specific five-year plan for parks in the northwest quadrant (Exhibit 4). Three members of the Commission's Park Site and Facility Planning Subcommittee met weekly, from June 8, 1989, through August 17, 1989, with members of the Northwest Quadrant Group to address their specific concerns. During the course of the Committee meetings, a great deal of information was presented and discussed by staff and Committee members regarding issues relevant to park concerns in the northwest quadrant. Summary reports for each meeting will provide a summarization of topics of discussion, areas of concern, and a general overview of the Committee's efforts (Exhibit 5). At the conclusion of the regularly scheduled Committee meetings, discussion of a final report to the Parks and Recreation Commission, identified six (6) specific issue statements to be addressed. It was agreed by the Committee members that the report format was to address each of the issue statements with opinions of the Committee as a whole. However, it was acknowledged that opinions on each issue may differ and/or be similar in context and would be so stated in the report format. 13 AB# _ Page 2 The co-chairpersons of the 1) Parks and Recreation Commission Subcommittee and 2) Northwest Quadrant Citizens Group were to meet August 27, 1989, with the opinions of the respective groups to combine and formalize a final report. It was anticipated the final report would be presented to the Parks and Recreation Commission during the September meeting. 21*On August 27, 1989, the Commission Subcommittee's opinions were prepared and presented at the joint meeting of co-chairpersons. The Northwest Quadrant Group's opinions had not yet been formalized; however, the group's representative stated they would be available on September 13, 1989. As of the September 18, Parks and Recreation Commission meeting, a response from the Northwest Quadrant Group had yet to be received. At the September meeting, the Commission unanimously recommended to present the final report on Northwest Quadrant Park Issues during the October meeting for a Commission recommendation for City Council consideration. Uncertain as to the status of a response from the Northwest Quadrant Group, it was further recommended that the report be presented with or without the Northwest Quadrant Groups' opinions, in order to conclude and resolve these issues in a timely fashion. On September 19, 1989, the Parks and Recreation Commission Chairperson was notified by the Chairperson of the Northwest Quadrant Group that they would no longer be meeting with the Parks and Recreation Commission Subcommittee to formulate a final report to the Parks and Recreation Commission. The Chairperson of the Northwest Quadrant Group further indicated they would prepare a separate report for presentation directly to the City Council. Attached for your consideration is the final report as prepared by the Park Site and Facility Planning Subcommittee on the Northwest Quadrant Park Issues (Exhibit 1). Based upon the Commission's recommendation and Council's action regarding those recommendations, staff will prepare and submit a funding request in the 1990-91 Capital Improvement Budget in order to establish a specific five-year plan for parks in the northwest quadrant. EXHIBITS 1. Park Site and Facility Planning Subcommittee final report/NW Quadrant Park Issues, dated October 3, 1989 2. Northwest Quadrant Concerns Staff Report, dated May 11, 1989 3. Parks and Recreation Commission Agenda Bill #589-3 and Minutes 4. City Coucil Agenda Bill #10,045 and Minutes 5. Northwest Quadrant Committee Summary Reports, June 8 - August 17, 1989 14 NORTHWEST QUADRANT SUBCOMMITTEE REPORT PARK ISSUES October 3, 1989 uL^ 15 EXHIBIT 1 On May 23, 1989, the City Council, by consensus, determined that the Parks and Recreation Commission should select a subcommittee to work with staff and representatives of the Northwest Quadrant Group to develop a specific five year plan for parks in the northwest quadrant. The following, for your consideration, is the final report as prepared by the Park Site and Facility Planning Subcommittee. The report outlines six (6) issues of concern as identified through committee proceedings and, the Subcommittee's evaluation of those issues. Based upon the Commission's recommendation and Council's action regarding those recommendations, staff will prepare and submit a funding request in the 1990-91 Capital Improvement Budget in order to establish a specific five-year plan for parks in the northwest quadrant. ISSUE NO. 1: Applying the School District property used for recreation towards the City's Park Standard and including that property within the park inventory. FINDINGS: Not unlike other cities, Carlsbad has joint use/maintenance agreements for community use of school sites. The City has a vested interest in these areas primarily due to the recreational opportunity that they provide to the community. The principal function of these sites provides much needed active play fields for organized community sports leagues which are scheduled by the Recreation Department on an after school/weekend basis. While it is true these areas are not open to the general public during school hours, school children utilize the fields and hard court surfaces for physical education classes and recess periods during these times. The City provides financial support for the development, rehabilitation and/or maintenance of the facilities (Attachment 1). The school district's financial ability to enhance these areas by providing the current maintenance level and/or development/rehabilitation projects that the City provides is restricted. The opportunity for continued recreational use of school sites by the community is guaranteed under provisions of the Civic Center Act (Attachment 2). In addition, should these sites become available for sale, this act would make the purchase of the property available to local governing agencies at 25% of the fair market value. PRC SUBCOMMITTEE POSITION: School District property should continue to be counted towards meeting the park standards. NORTHWEST QUADRANT COMMITTEE POSITION: Committee response unavailable as of October 3, 1989. PARKS AND RECREATION COMMISSION RECOMMENDATION: (OCTOBER 16, 1989) 1 -- 16 ISSUE NO. 2: Accepting the 1989 Parks and Element. FINDINGS: The basis for many decisions and the primary direction for the Parks and Recreation Department's daily operation and future development relies upon the ratification of a working document. A subcommittee of the Parks and Recreation Commission along with staff support, formulated the proposed document. Weekly meetings were held for several months in order to prepare this document and all meetings were open to the public. The 1989 Element received unanimous approval during a public hearing at the September '88 Commission meeting in North Carlsbad. The Element again received unanimous approval at the public hearing held in October '88 in South Carlsbad. In addition, the Element has undergone General Plan review, received approval by that committee and will be the subject of public review at the Planning Commission in October/November. The time line for adoption by City Council, of this Element along with all other Elements of the General Plan is anticipated shortly thereafter. This Element adequately satisfies the need for a general planning tool as existing and future acquisition and development of park facilities identified in the Element meets or exceeds the requirements of the Growth Management Plan. During the formation of this document, the intent was to utilize and implement contemporary concepts and planning strategies as they relate to parks and recreation facilities and programs. Should a change in those contemporary concepts necessitate a revision to this Element, provisions due exist to amend the Element up to three times per year. PRC SUBCOMMITTEE POSITION: The 1989 Parks and Recreation Element should be accepted. NORTHWEST QUADRANT COMMITTEE POSITION: Committee response unavailable as of October 3, 1989. PARKS AND RECREATION COMMISSION RECOMMENDATION: (OCTOBER 16, 1989) 17 ISSUE NO. 3: Park acquisition/development plans for the Pine Street school site (replacement plan, real location of P.I.L. funds). FINDINGS: The Element currently identifies the future acquisition/development of the Pine Street school site (5.4 acres). The funding of this project is identified in the current C.I.P. Budget for 1998+ utilizing Park-in-Lieu (P.I.L.) monies and Public Facility Fee (P.F.F.) funding. It has long been the philosophy of the Parks and Recreation Department to pursue this acquisition for a future community park site in the Northwest Quadrant. During the Northwest Quadrant subcommittee meetings, recent information received from the school district has indicated the Pine Street school may not become available for acquisition. With this in mind, a replacement plan and reallocation of P.I.L. and P.F.F. funds as identified in the C.I.P. budget for the Pine School site may be appropriate. The identification and reallocation of funds for another future community park site, to replace the Pine School concept needs to be readdressed in the 1989 Element. Pine School future acquisition should remain within the element to provide for its future development as a community park should the property become available. PRC SUBCOMMITTEE POSITION: The acquisition of the Pine Street school for use as a future park site is uncertain at this time. NORTHWEST QUADRANT COMMITTEE POSITION: Committee response unavailable as of October 3, 1989. PARKS AND RECREATION COMMISSION RECOMMENDATION: (OCTOBER 16, 1989) ISSUE NO. 4: To improve upon the number of existing areas for recreational use in the northwest quadrant, the following sites have been identified for possible buy/se 1 T/Tease/trade/deve lop or rehab Hit ate. FINDINGS: After listing a number of sites for consideration to increase the Recreation opportunities in the Northwest Quadrant, committee members prioritized the following sites in order of preference (Attachment 3). (Items listed under each priority are not listed in order of preference.) Priority *1 Establishment of a trail system. Priority #2 A. Acquisition and development of property north of Denny's Restaurant. B. Hosp Grove potential for park. Priority »3 A. Property in vicinity of Civic Center (i.e. Community Garden, Parks and Recreation Administration and Maintenance Facility). B. Future community park (i.e. Pine School). C. Acquisition and development of property adjacent to Valley Jr. High School . Priority #4 A. Acquisition and development of property north of Holiday Park. B. Acquisition and development of property adjacent to Chase Field. C. Acquire Buena Vista reservoir site. D. Cannon Lake Development. 19 Priority »5 A. Development of bike trails around lagoons. B. Acquire and develop Y.M.C.A. property. C. Acquire and develop 405 Oak. D. Develop Maxton Brown extension. * Subsequent to the priority listing of possible projects, a +10 acre parcel for park development adjacent to Agua Hedionda Lagoon, east of Bristol Cove, was also suggested. PRC SUBCOMMITTEE POSITION: Priority #1 A. Trail System (open space and railroad right-to-way): The 1989 Parks and Recreation Element addresses the issue of a trail system under Topic #1 "Park Development" policy C.8. "If a network of recreation trail systems is to be established throughout the city, they shall be open to the public and provided by developers and privately maintained." The Open Space Committee has prepared a report to City Council regarding this issue. At this time, an open space trail system would best be addressed and administered by an Open Space Committee or Commission, should one be established. Staff is currently developing a plan for a possible linear park located on the railroad right-of-way between Grand Avenue and Tamarack Avenue. SANDAG is taking an active role in land acquisition along the right-of-way. Should development become a reality, redevelopment funding should be sought for acquisition and/or development and maintenance. Priority 12 A. Property North of Denny's The current philosophy for park development is to provide larger community parks and not smaller "mini Parks". The total acreage of this site is approximately 2.5-3.0 acres. If acquisition and development of this site is recommended, redevelopment funding should be sought and maintenance costs should also be included. Zoning and compatible land use issues will need to be considered as well as the availability of the land for sale. B. Hosp Grove Potential for Park Twenty-seven (27 acres) of Hosp Grove are currently identified as community park land. The voter mandate for purchase of approximately 49 acres of Hosp Grove created a large contiguous parcel of open space property. Although a feasibility study has not been performed to determine the recreational potential in terms of park development, opportunities for recreation use may well exist. Because this property is owned by the City and is zoned as open space, the possibility of developing Hosp Grove for recreational purposes, could be more readily facilitated. A source of development funds would need to be further evaluated. Priority #3 A. Property in vicinity of Civic Center (i .e. community garden and Parks and Recreation Administration office and maintenance yard). While long term use of this property should not exclude the opportunity for recreational development, current uses are significant. The Greenwood property located immediately west of City Hall currently houses the Parks and Recreation Administration and maintenance yard. Future plans for relocation of that facility have not been positively defined. Because this parcel is owned by the City, if the property is vacated, the opportunity for long term lease revenue for this site may outweigh the benefits of providing a "park" on this parcel. The site of the present community garden, immediately east of the library, currently provides for plots of land which many citizens lease from the City at a nominal fee to enjoy an experience that, without it, would not otherwise be available to them (i.e., apartment, condominium, and townhouse owners). This land currently provides a recreational opportunity for citizens to participate in. This property is also owned by the City, and longterm use is unknown. Zoning and compatible land use issue should also be considered. B. Future Community Park (i.e., Pine School) Reference issue statement #3. The reality of developing a future community park at the Pine Street school site is not certain at this time. Although development of this park is several years in the future (1998+), consideration and a recommendation should be determined regarding the reallocation of funding to another site which can be more positively identified at this time. However, should the pine school site become available in the future, development as a community park should not be dismissed. C. Acquisition and development of property adjacent to Valley Junior High School Although the availability of this property for purchase is unknown, the potential of the property in terms of developing recreational opportunities would be considered optimum. It has been indicated sol 21 that the school district is interested in the property in order to provide activity fields for the high school and junior high school students. A possible joint venture with the school district for acquisition/development and/or maintenance and joint use should be considered. Priority 14 A. Acquisition and development of property north of Holiday Park The rational pertaining to the acquisition of this area needs to be further analyzed. B. Acquisition and development of property adjacent to Chase Field Should the Pine School site become available for community park development, additional land acquisition in that vicinity for park purposes should be considered. C. Acquire Buena Vista Reservoir site This property is an asset of the water enterprise fund. It is currently used for City maintenance purposes which would be displaced should the site be sold or developed. Zoning and land use compatibility issues would need to be considered. The limited size of this parcel for park development is not consistent with current park development philosophy. D. Cannon Lake development Development of this site is currently identified in the 1989-90 C.I.P. Budget for development in 1994-99. The source of funding for this project is from the P.F.F. In order to move development forward, other capital projects would need to be moved back. City Council establishes the priority for Capital Improvement Projects. Priority 15 A. Development of Bike Trails around Lagoons The development of bike trails similar to that of the Aviara development should, and in all likelihood will, be required through development approvals. The revised Macario Canyon Master Plan identifies a trail system on the south side of Agua Hedionda Lagoon. Environmental sensitivity in specific areas of all lagoons may hinder such development. B. Acquire and develop Y.M.C.A. property. On August 22, 1989, City Council directed staff to negotiate the purchase of this property. Park-in-lieu funds will not be used for this purchase. The acquisition will not be used to meet park requirements in the northwest quadrant. The area is intended as Open Space with little or no planned development. 7*--22 C. Acquire and develop 405 Oak Street. This property is an asset of the Water Enterprise Fund. It is currently utilized for City maintenance purposes. Acquisition and development would displace that function at this time. Future acquisition should be considered for possible park development in relationship to a railroad right-of-way linear park, should that project come to fruition. It is anticipated there will be competing uses for that property (parking, low income housing). Redevelopment funding should be considered for acquisition and development. D. Maxton Brown Extension This 1.5 acre site is identified in the 1989 Park and Recreation Element for future development. Although this site is not currently identified in the C.I.P. budget, it will be included in the 1990-91 C.I.P. The site has limited development possibilities in terms of traffic concerns. Staff will need to further analyze development options in order to maximize its potential. A funding opportunity which may readily facilitate this development would be the 1988 Park Bond Per Capita Grant Program (approximately $178,000). * ±10 acres adjacent to Agua Hedionda Lagoon. The opportunity to acquire this property and the rationale of park development at this site needs to be further analyzed. If park development is to be considered at this site, park-in-lieu fees and/or park dedication requirements could facil itate its acquisition. Development funds would need to be further evaluated. NORTHWEST QUADRANT COMMITTEE POSITION: Committee response unavailable as of October 3, 1989. PARKS AND RECREATION COMMISSION RECOMMENDATION: (OCTOBER 16, 1989) 23 ISSUE NO. 5: Identify the financing method(s) that will be utilized for the acquisition or development of each specific project. FINDINGS: During the subcommittee proceedings the opportunities and constraints of several funding methods were identified. Possible financing opportunities were presented with the discussion of specific projects (Issue #4). A variety of funding methods (or a combination) exist which could finance additional recreation opportunities in the northwest quadrant. Among those considered to be applicable are: 1. Park-in-Lieu Fees 2. Quimby - Park Land Dedication Requirements 3. Block Grants 4. Reallocation of C.I. P. Monies 5. Redevelopment Funds , 6. Public Facility Fees ^** 7. Special Assessment Districts 8. Special Bonds 9. Joint Purchase Agreements 10. Park Bond Monies 11. Certificates of Participation PRC SUBCOMMITTEE POSITION: Refer to Issue No. 4, Priorities #1 - 5. NORTHWEST QUADRANT COMMITTEE POSITION: Committee response unavailable as of October 3, 1989. PARKS AND RECREATION COMMISSION RECOMMENDATION: (OCTOBER 16, 1989) 24 ISSUE NO. 6: Park dedication requirements for Zone 8 and 24 (land or money). FINDINGS: Carlsbad Municipal Code 20.44.060 states, "Whether the City Council requires land dedication or elects to accept payment of a fee in lieu thereof, or a combination of both, shall be determined by the City Council at the time of approval of the tentative map. In making that determination, the City Council shall consider the following: (a) Park and recreation element of the general plan; (b) Topography, geology, access, and location of land in the subdivision available for dedication; (c) Size and shape of the subdivision and land available for dedication; (d) The feasibility of dedication; (e) Availability of previously acquired park property. The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive." PRC SUBCOMMITTEE POSITION: Staff should recommend dedication requirements of developers (land or money) on a case by case basis as current needs are determined. NORTHWEST QUADRANT COMMITTEE POSITION: Committee response unavailable as of October 3, 1989. PARKS AND RECREATION COMMISSION RECOMMENDATION: (OCTOBER 16, 1989) 10 25 City of Carlsbad Parks & Recreation Department August 9, 1989 TO: SHIRLEY DAHLQUIST-BURSVOLD FROM: KEITH BEVERLY COST FOR IMPROVEMENTS AND ANNUAL MAINTENANCE AT SCHOOL DISTRICT FACILITIES 1. BUENA VISTA ELEMENTARY SCHOOL - Field Rehab $40,000 (88-89) 2. JEFFERSON ELEMENTARY SCHOLL - Field Development $96,000 (84-85) 3. MAGNOLIA ELEMENTARY SCHOOL - Field Rehab $10,000 (82-83) 4. VALLEY JR. HIGH SCHOOL - Tennis Courts $12,000 (88-89) 5. VALLEY JR HIGH SCHOOL - Field Rehab $ 3,000 (88-89) 6. PINE SCHOOL - Sport Lights $ 5,000 (79-80) 7. CARLSBAD HIGH SCHOOL - Tennis Court Lights $96,000 (88-89) 8. FUERTE ELEMENTARY SCHOOL/PARK $95,000 (84-85) 9. LEVANTE ELEMENTARY SCHOOL PARK $20,000 (77-78) 12OO Carlsbad Village Drive • Carlsbad. California 92OO8-1989 • (619) 434-2824 Page 2 Shirley Dahlquist-Bursvold August 9, 1989 ANNUAL MAINTENANCE COST OF N.W. QUADRANT SCHOOL SITES BUENA VISTA MAGNOLIA PINE TENNIS COURTS JEFFERSON VALLEY JR. H. S. ( 2.3ac) ( 4.1ac) ( 2.0ac) (1 Sorts) ( 2.6) (rodent control) $11,500 20,500 10,000 10,000 13,000 1,200 $66,200 27 December 22, 1988 " ^ TO: Assistant to City Manager FROM: City Attorney LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 24 Since we have been discussing the "Civic Center Act" and the disposal of surplus school property so frequently in connection with the approval of the zone plan and because it is likely to come up again in the future in this quadrant, I am attaching copies of the current version of these laws for your files. Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL Assistant City Attorney rmh attachment 5028 19 I IDL CATION CODE § 39384 Repealed Schooli ^'4 CJS Schooli and School Dtiincu $| 293 263 j| W381. Sale or (CM* of historic building to nonprofit organization: conditions: approval of count; board of supervisor* The governing board of a school district may, with the approval of the county board of supervisors._J or lease any building of the district together with the site upon which the building is located,I without complying with any other provisions of this article, provided thafthe county board of[wpervuors finds that all of the following conditions exist; Is) The sale or lease is to be made to an incorporated nonprofit tax-exempt community or civic [organization with a membership comprised predominantly of persons residing in the community in | which the building and site are situated. (bl The building is not suitable for school purposes. (c) The building ha* an historic value and its preservation and utilization for the benefit of the } community will best be ensured by sale or lease to an organization specified in subdivision (a). (d) The sale or lease is to be executed for a consideration to enure to the school district reflecting | the fair market value of the property, or its fair rental value, as the case may be. except that the sale1 BST be executed for a consideration that is les« than the fair market value of the property if all of j 1he following conditions exist (1) More than 50 percent of the buildings on the site have been designated is historically ticnificant by the State Historical Resources Commission. (2) For a period of 25 years, commencing with the date that possession of the property is —Mvsferred. the building or buildings designated pursuant to paragraph (1) shall be used andstorical resource, and the site shall otherwise be available foritained for public benefit as an hat •z^zZtMipark iE-OUC access and use, including, out not limited to. park and recreational uses. Any violation of this condition shall result in the automatic reversion of title to the property so transferred, without remuneration, to the transferor school district The condition set forth in this paragraph does notprohibit any use of the site that is necessary or appropriate to its use and maintenance for historicalpurposes. (3) The consideration paid is equal to or greater than the sum of the actual cost of the acquisition of the property by the school district and the actual cost of any capital improvements made to theproperty. («) Adequate provision has been made in connection with the sale or lease transaction to protectthe district against all civil liabilities which might arise in connection with any use of the building andlite. (Amended by Stats. 1986. c. 886, f 29.) f »M4. Repealed by SUts.1982. e. «8», p. 1814. | 2 P"or to repol. | 39314 WM '*>• p. J*3. | I- SUU.I9JO, c. by Suu.1910. e. 1334, p. 4131. | 37.2. ApphcuMM of Suu. 1912. e. 619. MI MM* iwdir | 39291 ARTICLE 5. SURPLUS SCHOOL PLAYGROUND. PLAYING FIELD. AND RECREATIONAL PROPERTY sgr»391. 39392. Legislative intentApplication of article. School site; governing board. Authorization to sell or lease school sites.Offers to sell or lease school sites to public agencies: priorities: discretion; notice of intent to purchase or lease.Retention of part of school site.Sales price: maximum and minimum: annual rate of lease. Intfeat*by amendment 125 51 29 20 § 39390 EDUCATION (ODE Section 3939T. Public agencies proposing to purchase or lease land: findings; approval 3939T.5. Public agencies; surplus school property purchases: plans: operative !a:e 39398. Maintenance by public agencies: uses of land: reacquisition by school district 39399. Law governing; 39400. Failure of compliance by school district; validity of transfer or conveyance 39401. Exemption of surplus school sites. 39402. Alternative agreements for disposition of property 39403. Limitation on rights of acquisition or leas* by public agencies. 39404. Excluded school districts. Article 3 u.-<u added by StaU.1980. c. r.}6. p .':99. f .'. Cron fUfirtnce* Sale or Icax of surplus properly, failure to comply with preferred uici. required ule under thu article. •-« f 39J60) 3MH. Legislative intent The Legislature is concerned that school playgrounds, playing field* and recreational real prooerty- will be lost for iueh uses by the surrounding eomraunitin even where those communities m their planning process hart assumed that such properties would be permanently available for recreational purposes. It « the intent of the Legislature in enacting thia article to allow school districts to recover thok investment in such surplua property white making it pouible for other agencies of government ta acquire the property and keep it available for playground, playing field or otherovtdoor recreational and open-space purposes. Ruanini of uauMd tchool property, M* Government Cod* | 6J«I.». LArwy RtftrtMi Schools e-«3. CIS School* tnd School Diitrrcu f 241 ei uq. } 39 3f I. Application of article TMi artiest shall apply to any school sit* owned by a school district, which the governing board deurnunes to seB or leaae. and with respect ta whkk the following conditions exist (a) fiH>K *• wMi or a portion of the school ste cons»tt of land which is used for school playpwVsC pstjlBB fWd, or other outdoor recreational purposes and open-space land particularly suisssl is*. MsjasHsMii purposes. (b) Tha kmi daacribod )• subdivision (a) has been used for one or more of the purposes specified UMTSSI for at least eight years immediately preceding the date of the governing board's determina- te* to sot or (MM the school stto.n(dl •Ml M« Idd* Mf o%r avafiabte pvoUdy owned land in the vfeinity of the school site is adequate to meet the rftWfiMoVttMb needs of the eoounmity for playground, playing field, or other outdoor Qjssi sfaes purpossa, a* dotsnaiasd by the govonuBf body of the public agency to pwcnaae or kaoe tasrf from *o school dtotrfct punvant to Section 39397 (Added by Stats. 1980, c. 736. p. 2199. f 2. Amended by Suts.1981. c. 307. p. 1862. | 1.) | 3f9M. School sit« governing board Aa used in this article, "school site" means a parcel of land, or two or more contiguous parcels. which is owned by a school district "Governing board" means the governing board of the school district whkh owns the school site. (Added by Stats. 1980. c. 736. p. 2200. f 2.) § 3t»S. Authorisation to sell or lease school sites The governing board of any school district may sell or lease sny school site containing land described in Section 39391, and.' if the governing board decides to sell or lease such land, it shall do so in accordance with the provisions of this article. (Added by Stats. 1980, c. 736. p. 2200. f 2.) UndorHno (ndteatoa dtongoo or additions by amendment 126 30 52 21 §39902 EDUCATION CODE Contram for prapinbon. dclivcrr. tad for n«edy uvtdtnu. Mt ) 49554. CHAPTER «. HISCELLANEOL'S PROVISIONS Arltd* 2. Us* of School Property Section 4O040 ARTICLE 1. APPARATUS AND SUPPLIES } 40004. Repealed by SUU.1987. e. 1452. } 311 } 40005. Renumbered } 1275 and amended by SUU.1J87. e. 1452. } 312 f 40010. Repealed by 3UU.19S7, e. 1452. J 313 ff 4M12. 40011 Repealed by SUU.1987. e. 1452, || 314.315 ARTICLE 2. USE OP SCHOOL PROPERTY Section 40040. Short title. 40041. UM of civic center by public; term; conditions and purpose*. 40041.5. Mass cart and welfare thelten. 40042. Management, direction and control; rules and regulations. 40043. Group* whkh nay use school facilities without charge; charge* for use by other groups. 40044. Use to further program or movement for overthrow of the government by force a misdemeanor. 40045. Determination of intention; statement of information; discretion of board. 40046. Liability for perjury. 40041. Preferential use of donated facilities; specified San Diego County elementary school districts. 40048. Hlssiac children; posting of information in specified areas of public primary and secondaryschools. Artielt I vat added fry Stats,/***, e. ISOt, f. Sitt, f 5. Former Artitlt * wot repealed fry StaU19«S, e. ISOt, p. 5818, f 4- | 40f4t. Snort tide This article shall be known and may be cited as the Civic Center Act (Added by Stats.1982. e. 1502, p. 5828. f 5.) «• rrpiiM by SIMS.I9U. t 1501 p. f 40041. itu Formrf5121.14. f 4M41. Us* of civic center by stibUc tents, conditions sad (a) There • • erne center at each sad every pnboc school facility and grounds within the state where the atuera, parent-teachen' associations, camp fin girts, boy scout troops, farmers' organiza- tions, sehookommuiuty advisory councils, senior citizens' organizations, clubs, and aasociabou formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts may engage in supervised recreational activities, ud when they may meet and discuss, from time to time, as they may desin, any subjects and Questions whkh in their judgment pertain to the educational, political, economic, artistic, and moral interests of the citizens of the communities in which they reside. (b) The governing board of any school district may grant the use of school facilities or grounds u a crrie center upon the terms and conditions the board deems proper, subject to the limitation*. requirements, and restrictions set forth in this article^ for any of the following purposes: Undersni sidheiee chenaoe or sdoVone by smentfnert 152 31 22 EDUCATION CODE § 40042 (1) Public, literary, scientific, recreational, educational, or public agency meetings. (2) The discussion of matters of general or public interest (3) The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization which has no suitable meeting place for the conduct of the services, provided the governing board charges the church or religious organization using the school facilities or grounds a fee as specified in subdivision (c) of Section 40043. (4) Child can or day care programs to provide supervision and activities for children of preschool and elementary school age. (5) The administration of examinations for the selection of personnel or the instruction of precinct board members by publk agencies. 16) .Supervised recreational activities. (7) Other purpoaea deemed appropriate by the governing board. (Added by Stats. 1982, c. 1502, p. 5828, f 5. Amended by Stats. 1984, c. 1659, } 2; Suts.1985, c. 729, § 1.) 2. bgeaanl Grant of use agreement, whereby school disthct permitted university to use certain of the district'! facilities for opera- tion of tuition-charging summer school whose classes and programs were solely and exclusively operated, maintained, and conducted by university provided for operation of the summer school completely separate snd distinct from any operations of the district and hence was not nolative of Const. Art 9, | 6 prohibiting transfer of any school from publk school system or placement of any pan of school under jurisdktson of suihonty other thai those included within the system. California Teachers Ass a v Board of Ed. of Otendale (1910) 167 Cal.Rptr 429. 109 C A 3d 731 X Ueea •eniatthla Civk Center Act Stats. 1913. p. 193. establishing a civk _^____ center in every publk schoolhouse. and vesting the manage- ment of such center in a board of trustees or board of 1. Vattdtty education, authorized a board of education in its discretion The statutes including School C. || 740. 4.750 (repealed. "> P*™w« «"<»" proper supervision dancing in the school. see. now. || 39245 el seq., 11525 ct seq.). authoruutg House as a form of recreational activity. McClure v. Board school board to grant the use of school buiMinp or ground* of Education of City of Viulia (1919) 176 P 711. 31 CA. for publk. literary, scientific, recreational, or educational 900. meetings, or for the discussion of matters of general or public interest were not unconstitutional sa resulting is) thediversion of funds required to be ratted for publk schooleducation to other activities, since when the primary pur- pose 10 be subserved a legitimate, the expenditure of money! secured through taxation is legal notwithstanding incidental uses are made thereof for otherwise unauthorized purposes. Goodman v Board of Education of Sen Francisco Unified School DIM. (1942) 120 tU 6*5. 41 CA-2d 731. Fortntr | 40041 was repealed by Stats. 1942. e. 1902. p. 3121. * 4 See. no*. | 40042. Derivation Former ff 40040. 40045 to 40041. enacted by Stats. 197*. e. 1010. f 2. Uknry Uttmuat Schools «»72. CJ.S. Schools and School District* If 251. 25*. 2*0. NoeseW bgawnl 2 PaysBsM far SM 4 Ussa msaimllls 3 Validity 1 A school district cannot require payment of rent for free meeting! ponuani to Cine Center Act in school auditorium, nor require sponsors of such meetings to compensate district for ensuing costs of maintenance and management, but must bar burden of such com Ellis v Board of Education of San Francisco Unified School Dm. (1944) 164 P 2d I. 27 C.2d 322. § 40041.5. Mass care an*) welfare shelters Notwithstanding Section 40048, the governing board of any school district shall grant the use of school buildings, grounds, and equipment to public agencies, including the American Red Cross, for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The governing board shall cooperate with these agencies in furnishing and maintaining such services as the governing board may deem necessary to meet the needs of the community. (Added by Stats. 1984. c. 1659. f 3.) f 40042. Management, direction and control; rule* and regulation* The management, direction, and control of school facilities under this article is vested in thegoverning board of the school district which shall promulgate all rules and regulations necessary u> provide, at a minimum, for the following: Aateftaka • • • Indict*. ofrHttom by air»t*dme«Tt153 s_ 32 23 July 1, 1989 TO: Director, Community Services/Parks and Recreation Department RE: NAYLOR ACT/JOINT USE SURVEY The Naylor Act, adopted in 1980 (AB 859, Chapter 736, 1980 Stats.), was intended to preserve recreational property by allowing local agencies the first chance to purchase surplus school sites. Up to 30% of a school district's surplus land can be acquired in this way. The local agencies must use the land for either park, recreation, open space, or low and moderate income housing purposes. The minimum sale price of such a transaction would be 25% of the fair market value or the amount necessary to retire the share of local bonded indebtedness. The maximum sale price may not exceed the school district's cost of acquisition, adjusted by cost of living, plus any improvements. Lease payments are also restricted, not to exceed l/20th of the maximum sales price. The legislature may consider repealing the Naylor Act due to the school districts' loss in revenue. The purpose of this survey is to identify the level of use and financial savings by «. js due to this Act. At the same time, we want to determine the degree of cooperation between school districts and cities. To assist us in this effort, please take a few minutes to complete this survey. Name of City Name of Respondent Phone No. I. Naylor Act 1. How many elementary and high school districts are within your city? Elementary High School 2. Has your city ever used the provisions of the Naylor Act to purchase all or part of a surplus school site? Yes No a) If yes, how many times has your city used the Naylor Act over the last nine years? tiroes. b) If no, skip to question eight. 33 July 24, 1989 TO: MAYOR LEWIS MAYOR PRO-TEM KULCHIN COUNCIL MEMBER MAMAUX COUNCIL MEMBER PETTINE COUNCIL MEMBER LARSON SUMMARY REPORT OF NORTHWEST QUADRANT PARK CONCERNS COMMITTEE MEETING 7/20/89 1. The Committee reviewed population and acreage amounts within each quadrant of the City. Figures were broken down into each zone within the quadrants. The information was supplied from the Growth Management Program. 2. The Committee members prioritized projects previously suggested at earlier meeting, the results were as follows: PRIORITY II Establishment of a trail system. PRIORITY 12 A. Acquisition and development of property north of Denny's Restaurant, west of 1-5. B. Hosp Grove potential for reccgatwral develgpmont-. \ >'i.V«- PRIORITY 13 A. Property in the vicinity of Civic Center (i.e. Community Garden, Parks and Recreation Administration, and maintenance yard). B. Pine School. ' •• iV , OV-v ' - -' 7_ C. Acquisition and development of property adjacent to Valley Junior High School. PRIORITY 14 A. Acquisition of property north of Holiday Park. B. Acquisition of property adjacent to Chase Field. C. Buena Vista reservoir site. 0. Cannon Lake. PRIORITY IS A. B1ke trail around lagoons. B. Y.M.C.A. property. c: Ray Patchett, City Manager Frank Mannen, Assistant City Manager Department Heads Planning Commission Parks and Recreation Commission 34 August 25, 1989 TO: Mayor Lewis Mayor Pro-Tern Kulchin Council Member Mamaux Council Member Pettine Council Member Larson SUMMARY REPORT OF NORTHWEST QUADRANT PARK CONCERNS COMMITTEE MEETING 8/3/89 1. The Scribe Report of the 7/21/89 meeting was amended as follows: Priority #2 (B) Hosp Grove potential for park Priority #3 (B) Future Community Park (Pine School area) Priority #5 - Add (C) 405 Oak Street (D) Maxton Brown Extension 2. Staff reported on the process involved with the formation of a master schedule for community use of existing ballfields (both City and School District owned). Essentially, representatives of each individual user group meet at one time to discuss and agree upon available time for eachorganized group. 3. The proposed 1989 Parks and Recreation Element revision, as presented to the General Plan Review Committee for review of internal consistency with other Elements of the General Plan, was addressed by committee members. Some committee members were in disagreement with changing of the word "supplement" to "meet" in regards to use of school district property for community recreational needs. 4. Staff presented a breakdown of population densities for the four (4) different census tracts within Zone 1 of the Northwest Quadrant. The statistics were provided by SanOag. 5. Anticipated revenues generated by the transient occupancy tax for fiscal year 89-90 were discussed. KB: dm Ray Patchett, City Manager Frank Mannen, Assistant City Manager Department Heads Planning Commission Parks and Recreation Commission 35 .- -11, 1989 TO: PARKS AND RECREATION COMMISSION FROM: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR NORTHWEST QUADRANT CONCERNS At the September 19, 1988 Parks and Recreation Commission meeting during the public hearing regarding the 1989 Parks and Recreation Element revision, Mr. Mario Monroy expressed the following concerns relating to park planning in the Northwest Quadrant - (Exhibit A): Q.^,ccOO>«.-^ 1. There is little or no planning being done in the Northwest Quadrant in terms of land acquisition for park development because the Quadrant is near build out. 2. The financing for park enhancement should be studied further because the opportunity to acquire land will soon be gone. 3. A suggestion that increased integration is required between the Redevelopment Area, the Beach Overlay Zone and the Parks and Recreation Element to ensure that future park facilities are planned to meet resident needs. The possibility of creating a pedestrian and bicycle trail connecting the lagoons throughout the Western part of Carlsbad. 5. Development of a five year plan to determine the most effective method to implement the Park Enhancement program. 6. That the City should only count net usable land and not gross acreage when preparing a park inventory. After discussion of these concerns, the Parks and Recreation Commission directed staff to review these issues with the Park Site and Facility Planning subcommittee and return to the Commission with findings and recommendations. In addition, and with respect to these concerns, Thelma Hayes spoke to the City Council, February 7, 1989, on behalf of a group of citizens living in the Northwest Quadrant who felt that their Quadrant was being "short changed" in the area of parks, for the following reasons - (Exhibit B): 7. The Demographics of the Northwest Quadrant demand that existing and proposed parks be accessible to the citizens. 8. The Present method of financing the acquisition and development of future parks is limited because the Northwest Quadrant is close to build out. c 36 EXHIBIT 2 9. School grounds should not be counted to meet the City's park standard for the following reasons: a. The Parks and Recreation Element recommends that agreements with local schools be used to supplement neighborhood and community recreational needs. b. School facilities which are used to meet the public recreational needs are available only 40% or less of the time. Therefore only one half of the acreage should be counted to meet the park standard of 3 acres per one thousand population. c. Current agreements with the school district for recreational use of their facilities could lead to a park deficit if the district decided to sell the property in the future. d. The citizens group felt that only land owned by the City should count toward meeting the adopted park standard. 10. Present City park plans do not recognize the unique nature of the Northwest Quadrant. 11. The City needs to identify parcels of land in the Northwest Quadrant that could be used for parks. After discussion, the City Council acknowledged that staff should review the economic impacts of issues raised by the citizens group; but took no action pending review of the Parks and Recreation Element. In addition the City Council asked staff to comment on several small parcels along Pio Pico Drive that are counted to meet the park standard. DISCUSSION: Staff will address the citizens and City Council concerns by: 1. Reviewing the Parks and Recreation Inventory and discussing the economic impact of not counting certain parcels to meet the standard. 2. Commenting on each issue by stating the present policies which guide the Park Planning process and recommend an action plan. 3. Listing past and future Parks and Recreation and other public enhancement projects within the Northwest Quadrant. INVENTORY - Northwest Quadrant: Park Standard: Community Park 2.5 ac / 1,000 SUA .5 ac / 1.000 Total: 3.0 ac / 1,000 (Required) SRA 1,5 ac / 1,000 GRAND TOTAL: 5.5 AC / 1,000 37 Inventory: '89 B/0 EXIST STD EXIST + / - STD FUTURE + / - Community Park (4 sites) 63.11 39.58 98.70 69.78 SUA (17 sites) 12.62 38.48 19.74 46.50 OVERALL TOTAL: 75.73 78.06 + 2.33 118.44 116.28 [-2.25] SRA (5 sites) TOTAL: 63.11 623.30 +560.19 98.70 623.30 +524.60 In analyzing the above data, the City exceeds the 1989 park standard by +2.33 acres however, at build out there will be a [-2.25] acre deficit. It has also been determined that the City exceeds the SRA standard. Elimination of school sites and lease property from the current inventory; (22.4 acres C.U.S.D. + 2.7 acres Leased/Total = 25.1 acres); would result in: 89 B/0 EXIST STD EXIST + / - STD FUTURE + / - Community Park (4 sites) 63.11 39.58 98.70 69.78 SUA 12.62 13.38 19.74 21.40 75.73 52.96 F-22.771 118.44 91.18 Not counting the school sites or leased properties that are used by the public and, jointly maintained for the City recreational purposes, indicates a [- 22.77] park land deficit in 1989 and is projected to be a [-27.26] acre deficit at build out. In addition to the issue of not counting the school property or leased parcels, the City Council questioned the reasoning for counting Pjo Pico and Oak Park totaling 1.10 acres. These two parcels were dedicated to the City under a State Highway Grant and have been improved and maintained by the Parks and Recreation Department for many years. The two parcels are passive in nature, offer limited recreational amenities, and are used periodically by the general public. Staff recommends that they continue to be counted in the Parks inventory. In August of 1987, these park sites were approved in the existing inventory by the Parks and Recreation Commission and the City Council. 38 ECONOMIC IMPACT: The following 1989 dollar costs have been projected in making up the park land deficit if the school or leased lands are not counted to meet the existing park standard: (1989) Acquisition Development 22.77 acres 22.77 acres *Hiqh $11,385,000 2.618.550 St>' *Low $3,415,500 2,618.550 $6,034,050 (B/0) Acquisition Development 27.26 acres 27.26 acres *Hiqh $13,630,000 3.134.900 "Low $4,089,000 3.134.900 $16,754,900 $7,215,900 *Land Acquisition estimated (high) *Land acquisition value estimated (low) *Development cost estimates $500,000 / ac. $150,000 / ac. $115,000 / ac. In summary, the economic impact for the Northwest Quadrant with respect to the elimination of jointly used school facilities or leased sites to meet the park standard would range from 6.1 million to 16.7 million dollars, if additional acquisition were required. In addition, it is projected that by adding the additional land there would be $147,000 to $176,000 maintenance impact based on 1989 dollar value. COMMENTS ON CITIZEN CONCERNS: Listed below are the eleven (11) concerns raised by the Northwest Quadrant citizens group. Staff will comment on the policies regulating park issues and propose an appropriate action plan for these concerns: Concern #1 Little or no planning is being done in the Northwest Quadrant relating to park land acquisition and/or development. Based on the existing park standards (3.0 acres per one thousand) and the current policy of counting City owned land, land leased, or land used by agreements, the 1989 Park inventory exceeds the population standard by + 2.33 acres in the Northwest Quadrant. -- 39 Relating to advance park planning in the Northwest Quadrant, staff has identified the following projects except for item 8, that are currently identified in the approved Capitol Improvement program (C.I.P.): 1. Crediting 25 acres of the Macario City-wide Community Park to the Northwest Quadrant (98+). 2. Acquisition and development of 7 acres of the Pine Elementary School 3. Develop 6.87 acres of Cannon Lake and improvements to the 1.15 acre Maxton Brown Extension Special Use Area (98+). 4. Construct a community center/gymnasium (98+). 5. Improvements to Holiday Park (89). 6. Adding a stage and bandshell to Magee Park (89). 7. Park restoration/acquisition, sites to be determined (98+). 8. The City is also considering the feasibility of purchasing the 15 acre Y.M.C.A. site for recreation enhancement (89). Based on existing park sites and future plans for park land acquisition and development on a city-wide basis, the overall park standard of 3 acres per 1,000 will be achieved. At build out" it is projected the developed park land will exceed the current standard by +9.06 acres. Therefore, on a city-wide basis, it has been determined that further acquisition of park land in the Northwest Quadrant may not be necessary. ACTION PLAN: Unless current policies are revised, it is concluded the 1989 park planning process in the Northwest Quadrant is adequate. An additional 2.25 acres may be necessary to acquire and develop to meet the build out requirement park standard. Methods of acquisition should be recommended through the normal review process. Concern #2 Park enhancement financing should be studied further. Based on the City's method of acquiring land or funds under the Quimby Act (P.I.L.), development funds from the Public Facility Fee (P.F.F.), (both relating to new development), and, that the City's overall park goal exceeds the standard; no further acquisition may be necessary in the Northwest Quadrant. Although there will be a projected [-2.25] acre deficit at build out, it is estimated there will be approximately 1.7 million dollars of P.I.L. funds available in the Northwest Quadrant for further land acquisition or park restoration projects. 40 ACTION PLAN: Based on current polices the City needs to identify an additional 2.25 acres of park land for acquisition and development by build out. If it is determined that additional parkland is necessary to meet the buildout requirements the question about additional parkland enhancement should be studied further. It is suggested that the Northwest Quadrant citizens meet with the Parks and Recreation Subcommittee to determine the feasibility of additional parkland. Concern #3 Suggest more integration needed between the various commissions and beach overlay zone on park facilities. It is staffs opinion that the various commissions do communicate with each other, however, we do agree that the mutual concerns facing the Northwest Quadrant park enhancement should be closely viewed by joint meetings and improved communication between citizens, commissions and staff. ACTION PLAN: Implement joint meetings between the various commission and concerned citizens as it relates to the Northwest Quadrant park enhancement in an effort to assure community needs are addressed. Concern #4 There should be a pedestrian and bicycle trial connection between the lagoons. At the suggestion of Mr. Mario Monroy, the Parks and Recreation Commission on September 19, 1988 directed staff and the Park Site and Facility Planning Subcommittee to study the suggestion of trails to tie the lagoons to the south and north of the City together with access along the railroad right-of-way, and return to the Commission with recommendations. ACTION PLAN: Although present policy is to encourage developers to provide trail systems, staff is presently preparing the Rail Road right-of-way report and will present it to the Parks and Recreation Commission for consideration in July of 1989. Concern #5 Suggest that a five year plan be established to implement the various plans that effect parks in the Horthwest Quadrant. The City presently has a five year plan in place, The Capitol Improvement Program (C.I.P.). This guide not only identifies the projects. Quadrant, fund source, and the total appropriation in a five year plan, it also projects future park planning to build out. 41 ACTION PLAN: Unless the current policy is revised there is already a city wide five year development plan in place. It is recommended that staff consider proposing to the Parks and Recreation Commission, a method in making up the projected 2.25 acres short fall in the Northwest Quadrant in future C.I.P. proposals. Concern #6 The City should only count net usable land for park purposes, not gross acreage. Prior to the formation and implementation of the Growth Management Program, The City policy was to accept gross acreage as it related to dedicated park land. Examples would be Stagecoach Community Park (riparian area), Calavera Hills Community Park (natural slopes), portions of undevelopable areas in Larwin, Hosp Grove, Cannon Lake and Laguna Riviera. All these sites except for Cannon Lake were dedicated by the developers per the Quimby Act and accepted by the City at gross acreage. The City's new and revised policy as it relates to park dedication requires the developer to dedicate developable park land to meet the Quimby requirements. No longer will the City accept land that is deemed undevelopable for recreational use. ACTION PLAN: Continue to count previously dedicated park land at gross acreage, and require the developers to adhere to the revised dedication guidelines that future dedicated park land is developable. Concern #7 Demographics demand that existing and future parks be accessible to the citizens. The adopted City's acquisition and Community Park development guidelines specify larger but fewer parks. The new parks are to be a minimum of 20 acres where possible and have a service ratio of 1.5 to 2 miles which would meet the needs of approximately 20,000 citizens. Neighborhood, vest pocket or mini parks are to be the responsibility of each new planning area, developed and maintained under a homeowners association concept. Under these park development policies, the existing and proposed parks meet the demographic requirements in the Northwest Quadrant. In fact, the park facilities in the Northwest Quadrant far exceed the ratio requirement in comparison to the other three Quadrants throughout Carlsbad. ACTION PLAN; Unless the existing park development guidelines are changed, no action is necessary. It is suggested that staff incorporate methods to educate the public on the locations and the available use of the existing facilities in the Northwest Quadrant. *.-- 42 Concern #8 Present method of financing for acquisition and development of future parks in the Northwest Quadrant is limited due to near build out. Staff's analysis, based on current planning guidelines and policies indicate that the Northwest Quadrant exceeds the adopted park standard today. Financing for the remaining projected 2.25 acre buildout deficit will be provided by in-place funding mechanisms from the remaining housing units that will be built in the future. Evaluation indicates there will be no additional parkland required other than what is already planned. Other quadrants throughout Carlsbad have a demonstrated need for park development because of existing park land deficiencies. It may be difficult to expect a city's Growth Management program, to make up perceive parkland deficits in an older built out part of a city up and beyond the approved standard. Under current City planning, as outlined in the 1988-89 five (5) year plan to buildout, Capitol Improvement Program, a total of $18,700,000 is earmarked for park planning in the Northwest Quadrant, utilizing a number of funding sources including projected P.I.L. and P.F.F. funds. The major future development projects are the Pine School acquisition and development, Cannon Lake improvements, Macario Canyon park, a community center/gymnasium, the Senior Center, a number of park rehabilitation projects and future park acquisition proposals. All these projects are factored into the approved P.I.L. and P.F.F. funding computations. In addition, the City Council is presently directing staff to analyze the 15 acre Y.M.C.A. parcel for future park and recreation consideration. ACTION PLAN: Unless present policy is changed no action is necessary, however, it is recommended that staff meet with the concerned citizens to review the park plans and, if necessary, propose other means of financing additional park development in the Northwest Quadrant. Concern #9 School grounds should not be counted to meet the City's park standard. The Previous, and current Parks and Recreation Element incorporate policies which implement agreements with school districts where the City improves and/ or maintains school facilities for use of the general public for recreational purposes. It has always been the policy that those facilities shall be counted towards the City's park standard. The proposed 1988 Element recommends to "supplement (augment, incorporate) school district property currently under joint use/maintenance agreements within the parks inventory and apply that acreage towards meeting the park standard. Many rehabilitation projects to school facilities have been completed, at City expense, in an effort to provide additional recreation opportunities for the community in all quadrants of the City. A recent survey conducted by staff of Cities in San Diego and Orange Counties, indicate that eight (8) out of fourteen (14) cities (57%), with adopted park standards, count school facilities to meet their park standard (Exhibit C). 8 o(, 43 While it is true that school district facilities may only be available to the public less than 40% of the time, studies indicate that the majority use of recreation facilities is generally on an after school basis, weekends, holidays and summer vacations. For this reason, staff does not agree that only 50% of the available school facility land should be counted to meet Carlsbad's adopted park standard. In all likelihood, the issue regarding the sale of school property and the negative impact it would create upon the park inventory, will not become a reality. However, if the school property should be considered for sale, staff would recommend the purchase of that land for park purposes. Under stipulations of the Civic Center Act, the land must first be offered for purchase by the City at 25% below fair market value. Funds are being collected in the Northwest Quadrant P.I.L. fund for potential future land acquisition (Exhibit D). On September 23, 1986 the City Council approved the city wide Facility and Improvement Plan. This plan detailed the parks inventory that included school land. In November of 1987 the City Council reviewed and approved the parks inventory, again it included county school land to meet the park standard. Zone 8, Kelly Ranch, Facility Plan was recently approved. The issue of counting school land to meet the park standard was a major consideration. The City Council again re-asserted that school land used for recreational purposes should be counted. ACTION PLAN: Count school land used for general recreational purposes to meet the park standard and direct staff to recommend the future purchase of any school land that may come on line. It is also recommended that the Parks and Recreation Subcommittee meet with the Northwest Quadrant citizens to further evaluate the school land issue. Concern Present park plans do not recognize the unique nature of the Northwest Quadrant. Because the Northwest Quadrant is basically build out and that land is very expensive to purchase, it is difficult to plan additional facilities beyond the approved development plan where there is no additional income stream. The overall existing city planning in the Northwest Quadrant has considered lagoon enhancement, street scape projects, beach improvements, beach access, park rehabilitation, open space acquisition (Hosp Grove), down town redevelopment, Senior complex, future community park construction (Pine school) and Cannon Lake improvements. All of the aforementioned projects take in the uniqueness of the Northwest Quadrant into consideration. V. 'w 44 In addition, City staff is analyzing surplus property that could be leased and/or sold for the purpose of augmenting future parks. Staff is also studying the railroad right-of-way for potential public access and recreational use, extending throughout the western part of Carlsbad. The Y.M.C.A. property currently being considered for City acquisition could lend itself to. a unique park amenity, if it is determined feasible to purchase and develop. ACTION PLAN: Continue to proceed with the adopted park planning process as outlined in the Capitol Improvement Program and the proposed 1989 Park and Recreation Element. Recommend that staff meet with the Northwest Quadrant concerned citizens to address their issues, explain the City's plan, and work out a recreational enhancement program that will meet the citizens needs based on current policies and funding mechanisms. Concern #11 The City needs to identify parcels of land in the Northwest Quadrant that could be used for parks. Under the present policy the City has planned for park land acquisition by purchasing the 7.0 acres of Pine Elementary School in 1998+. The City is also conducting a feasibility study to purchase 15+ acres of the Y.M.C.A. property located across from the Rancho Carlsbad Mobile Home park. It is also recommended that the City plan to purchase other school properties used for general recreation purposes when, and if, they become available. ACTION PLAN: Based on present park land inventory and future park acquisition plans, no further acquisition is necessary unless, the need is identified, and a source of income is available. Past and Future Northwest Quadrant Pro.iects Staff has compiled a list of past and future projects that have or will enhance the Northwest Quadrant. The list includes Parks and Recreation, and other public improvements. Since 1979, approximately $22,118,000 has been spent for park improvements, another $18,110,000 will be spent for future projects. The combined total is approximately $40,228,000. The combined past and future total for other enhancement projects is $17,255,000. The grand total of all the park and other enhancement projects for the Northwest Quadrant is approximately $57.483.000. (Exhibit E) 10 45 SUMMARY LAST TEN YEARS: 1. Parks and Recreation Improvements $22,118,000 2. Future Parks and Recreation Projects 18.110,000 TOTAL: 40,228,000 3. Other Public Enhancement Improvements 7,755,000 4. Future Public Enhancement Improvements 9,500.000 TOTAL: 17,255,000 GRAND TOTAL ALL PROJECTS: $57.483.000 SUMMARY: In summary, staff first and foremost acknowledges the concerns represented by the citizens group within the Northwest Quadrant. As Park and Recreation professionals, we appreciate their consciousness relating to the issues addressed within this report. A genuine effort has been, and will continue to be extended, in an attempt to work cooperatively with the citizens in addressing their needs and concerns. Based on the evaluation of those issues outlined in this report, staff believes the current policies and actions being implemented by the City, meet or exceed the park development standards for the Northwest Quadrant. Staff does recommend that the city consider methods in making up the Northwest Quadrant 2.25 acre projected short fall at build out. 11 ^ - 46 RECOMMENDATION: It is recommended that the Northwest Quadrant Citizens Committee meet with the Parks and Recreation Commission Park Site and Facility Planning Subcommittee to review the City's adopted park plan for the Northwest Quadrant and the concerns as outlined by the citizens group. The Park Site and Facility Planning Subcommittee will report back to the Parks and Recreation Commission with their findings and recommendations within sixty (60) days. It is further recommended that the 1989 proposed Parks and Recreation Element Revision be approved as submitted with a condition that if any subsequent approved change is to be made to the document it can be done by an addendum at any time. OB:pa Exhibits;Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Memo dated 01/17/89, Mario Monroy Memo dated 02/22/89, Thelma Hayes Memo dated 05/04/89, Survey Memo dated 12/22/88, Civic Center Act Past & Future NW Quadrant Projects, dated 5/89 Revised Park and Recreation Inventory, dated 4/20/89 c: Frank Mannen, Assistant City Manager Marty Orenyak, Community Development Director Michael Holzmiller, Planning Director Phil Carter, Assistant to the City Manager Jim Elliott, Finance Director 12 47 January 17, 1989 TO: MAYOR MAYOR PRO TEM VIA: CITY MANAGER FROM: Assistant to the City Manager SUMMARY OF METING WITH MARIO MONROY ON JANUARY 16, 1989 Mr. Monroy requested this meeting to discuss how park facilities were being addressed in the northwest quadrant of the City. Specifically, he expressed a concern that more integration is needed to be made between the Redevelopment Area, the beach overlay zone and the Parks and Recreation Element. He feels a tremendous opportunity exists for the City to make each of these plans work together and to ensure that park facilities serve the needs of those residents in the northwest quadrant. He suggested that careful consideration be given to the Harding Community Center once the new Senior Center opens and that facility is no longer used by Seniors. He also inquired as to whether the current buildings located at Holiday Park should be located elsewhere to increase the useability of that park. Mr. Monroy suggested that possibly a five-year plan could be established to show how each of these various plans that affect parks in the Northwest quadrant could be integrated and then an action plan included to show how each of these items will be carried out. Mr. Monroy was informed that the Parks and Recreation Element was currently under revision and was being updated. He was informed that it was being scheduled for public hearing before the Planning Commission in the next few weeks and then would come for City Council review and approval. He was told that several of his suggestions could be brought up and considered as part of the revision to the Parks and Recreation Element. He was also informed that staff is currently working together to ensure the overall coordination of these and other plans. As an additional note, Mr. Monroy suggested that the City look at putting a curb cut at the Southeast corner of Adams and Tamarack to facilitate pedestrian traffic to and from the shopping center at that location. This item has been reviewed by staff and a curb cut at this location is already planned for as part of the intersection signalization improvements scheduled for sometime this summer. PHILIP 0. CARTER saf c: Council Members Assistant City Manager Parks and Recreation Director Redevelopment Manager Planning Director v/~ . 48 Mario Monroy3 V3 EXHIBIT A ITEMS DATE: FEBRUARY 22, 1989 .» TO: HOUSING AND REDEVELOPMENT ADVISORY COMMITTEE FROM: HOUSING AND REDEVELOPMENT DEPARTMENT SUBJECT: NORTHWEST QUADRANT Attached for your review and information is a presentation by Committee Member Hayes at the February 7, 1989, City Council Meeting. Committee Member Hayes will further elaborate on this presentation at your February 22nd meeting. CHRIS SALOMONS CStec Attachment 49 EXHIBIT B February 7, 1989 City of Carlsbad 1200 Elm Street Carlsbad, CA 92008 Mayor and City Council: I am speaking this evening on behalf of a group of citizens who live in the Northwest Quadrant, the oldest part of the city and the place where Carlsbad began.VWe are concerned that this quadrant is being short changed in the area of parks as is shown by the Zone Plan being considered tonight. We have several reasons for feeling this way: The demographics of our quadrant show that 16.5% of its popu- lation at build out will be in Zone 1. Within Zone 1, between the two lagoons, the freeway and the railroad, the 1980 census shows that this area has 52% families with children under 18, 4.2.6$ Hispanics and lk.^% renters. These demographics need to be evaluated when accesibility of proposed parks is con- sidered. In addition, staff estimates that by the end of 1989 the quadrant will be at 75.1i& of the estimated number of units expected by 2013 or approximately build out. These figures come from Exhibit 39, Page 89 of Zone Plan 8. It follows therefore that only about 25% more Park-in-Lieu and Public Facilities Fund money will be coming in for the Northwest Quadrant. School grounds such as Buena Vista and Pine are included in the park inventory. What is wrong with this policy? First, the proposed 1988 Parks and Recreation Element recommends that lease arrangements with local schools be used to supplement neighborhood and community recreational needs. Instead the school land is counted at 100/6 of its acreage to fulfill the park requirements of the Growth Management Plan. These grounds are available to the public only 1*Q% of the time. If this part time use is allowed for in the calculation, the Northwest Quadrant is presently short of parks. The second problem with' this policy is that the school district or the city could terminate this current arrangement for a variety of reasons. If this were to happen, what guarantee is there that the city would have the funds to acquire these properties as required by the Growth Management Plan? The agree- ments with the school district for shared use are only temporary solutions to the shortage of parks in the North- west Quadrant. Only land actually owned by the city should be counted in the park inventory. - 5Q 15 (5V Present city park plans do not recognize the unique nature of the Northwest Quadrant. We realize that large parcels for parks such as Stagecoach or Calavera Hills are not practical for this area. However we do have an opportunity to create other kinds of parks that make use of our lagoons and unused city land. The Redevelopment Area also affects this- area. - - The tourists they seek to attract will use city facilities. *'' Therefore the Housing and Redevelopment and Parks and Recrea- tion Commissions need to coordinate their objectives. In conclusion, we are all aware that the Parks and Recreation Element of the General Plan will come to the council in about eight weeks. Presently it does not deal with the concerns that we have just raised. Because development is increasing the cost of land and reducing its availability, the city needs to identify parcels now that could be used for parks in the Northwest Quadrant. Therefore when the Element comes before you, we urge you to instruct the Parks and Recreation £*/>«<• tm to return with a revised long-range park plan for the North- west Quadrant before the adoption of the next Capital Improve- ment Budget in July. Thank you for this opportunity to let you know our concerns. We applaud your request for an inventory of city-owned lands. We are looking forward to participating in the process of developing objectives with the Park and Recreation Depart- ment as we have specific suggestions we would like to make. We have the opportunity in the Northwest Quadrant to create something as unique as the area itself and at the same time fulfill the park requirements. The members of our group are: Greg Armstrong Jeanne McFadden Margaret Brownley Margie Monroy Ramona Finnila ^ Mario Monroy Barbara Hallman /• Barbara Ctwell Thelma Hayes ' Harold Otwell Don Jackson V Roy Sanchez .« May 4, 1989 TO: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR FROM: DEBBIE THORNTON, INTERN ViA: KEITH BEVERLY, SENIOR MANAGEMENT ANALYST JOINT CITY / SCHOOL DISTRICT USE AGREEMENT SURVEY Attached for your review is a detailed survey conducted on Joint City/School District Use Agreements for recreational purposes. A total of twenty three (23) Cities were surveyed, sixteen (16) Cities in San Diego County and seven (7) Cities in Orange County. Below are the results of this survey: QUESTIONS IN SURVEY: Q. Does the City have Joint Use Agreements with the school districts for recreational purposes? A. 20 OF 23 CITIES SURVEYED HAVE JOINT USE AGREEMENTS WITH THE SCHOOL DISTRICTS. Q. Does the City have a required park standard? A. 14 OF 23 CITIES HAVE REQUIRED PARK STANDARDS. Q. Is the school district property that is jointly used by the City for recreational purposes, counted toward meeting the park standard? A. 6 OF 14 CITIES WITH REQUIRED PARK STANDARDS, COUNT THE SCHOOL DISTRICT PROPERTY TOWARD MEETING THAT STANDARD (TWO ADDITIONAL CITIES COUNT SOME OF THE SCHOOL DISTRICT PROPERTY TOWARD THEIR REQUIRED PARK STANDARD). Q. Who maintains the property? A. 10 OF 23 CITIES - SCHOOL DISTRICT MAINTAINS. 5 OF 23 CITIES - BOTH CITY AND SCHOOL DISTRICT MAINTAINS. 3 OF 23 CITIES - CITY MAINTAINS 3 OF 23 CITIES - NON APPLICABLE 2 OF 23 CITIES - USER GROUP MAINTAINS Q. Have any improvements been made on school district property by the City? A. 7 OF 23 CITIES HAVE MADE IMPROVMENTS ON SCHOOL PROPERTY. Attachment: Survey EXHIBIT C -• 52 17 QUESTIONS IN SURVEY: 1. Does the City have Joint Use Agreements with the school districts for recreational purposes? 2. Does the City have a required park standard? 3. Is the school district property jointly used by the City for recreational purposes, counted toward meeting the park standard? 4. Who maintains the property? 5. Have any improvements been made on school district property by the City? CITY Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido La Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Vista Fullerton Garden Grove Huntington Beach Irvine Laguna Beach Mission Viejo Santa Ana YES YES YES NO YES NO YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES YES YES NO NO NO NO YES YES NO NO YES YES YES YES YES YES NO YES YES YES NO YES NO YES YES N/A N/A NO N/A NO NO NO N/A NO NO NO NO YES YES N/A YES NO NO N/A YES NO w BOTH S.D. USER N/A BOTH N/A S.D. BOTH CITY S.D. S.D. S.D. BOTH BOTH S.D. S.D. CITY USER S.D. S.D. N/A CITY S.D. 53 YES NO NO N/A YES N/A NO NO NO NO NO YES YES YES NO YES NO NO NO NO N/A YES NO 18 December 22, 1988 TO: Assistant to City Manager FROM: City Attorney LOCAL FACILITIES MANAGEMENT PLAN FOR ZONE 24 Since we have been discussing the "Civic Center Act" and the disposal of surplus school property so frequently in connection with the approval of the zone plan and because it is likely to come up again in the future in this quadrant, I am attaching copies of the current version of these laws for your files. Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL Assistant City Attorney rmh attachment 54 EXHIBIT D HJCATION CODE ' Reference* Schools *»74. CJ.S. SchooU and School Districts 5§ 253, 263. §39384 Repealed |j 39381. Sale or lease of historic building to nonprofit organization; conditions; approval of county board of supervisors The governing board of a school district may, with the approval of the county board of supervisors, tjell or lease any building of the district together with the site upon which the building is located, {without complying with any other provisions of this article, provided thafthe county board of [supervisors finds that all of the following conditions exist (a) The sale or lease is to be made to an incorporated nonprofit tax-exempt community or civic (organization with a membership comprised predominantly of persons residing in the community in [which the building and site are situated. (b) The building is not suitable for school purposes. (c) The building has an historic value and its preservation and utilization for the benefit of the [•community will best be ensured by sale or lease to an organization specified in subdivision (a). (d) The sale or lease is to be executed for a consideration to enure to the school district reflecting [ttie fair market value of the property, or its fair rental value, as the case may be, except that the sale f may be executed for a consideration that is less than the fair market value of the property if ali"of ("the following conditions exist (1) More than 50 percent of the buildings on the site have been designated as historically Mgnificant by the State Historical Resources Commission. (2) For a period of 25 years, commencing with the date that possession of the property is " aferred. the building or buildings designated pursuant to paragraph (1) shall be used and Drical res "~~" "* ' " "stained for public benefit as an histor resource, and the site shall otherwise be available for%*A\^] < . parkpublic access and use, including, but not limited to. park and recreational uses. Any violation of this condition shall result in the automatic reversion of title to the property so transferred, without remuneration, to the transferor school district The condition set forth in this paragraph does not prohibit any use of the site that is necessary or appropriate to its use and maintenance for historical purposes. (3) The consideration paid is equal to or greater than the sum of the actual cost of the acquisition• great the a(of the property by the school district and the actual cost of any capital improvements made to the property. (e) Adequate provision has been made in connection with the sale or lease transaction to protect the district against all civil liabilities which might arise in connection with any use of the building andsite. (Amended by Stats.1986, c. 886, § 29.) I 39384. Repealed by Stats.1982, c. 689, p. 2824, f 2 Prior to repeal. $ 393S4 was amended by Suu.1980. c. "5. p. 363, § 1; Suu.1980. c. 1354, p. 4838. { 37.2. Application of Suts. 1982, c. 689, see note under $ 39295. ARTICLE 5. SURPLUS SCHOOL PLAYGROUND, PLAYING FIELD, AND RECREATIONAL PROPERTY Section Legislative intent. Application of article. School site; governing board. Authorization to sell or lease school sites. Offers to sell or lease school sites to public agencies; priorities; discretion; notice of intent to purchase or lease. Retention of part of school site. Sales price; maximum and minimum; annual rate of lease. ***** * * * Indicate deletions by anMnduwnt 125 20 55 § 39390 EDUCATION CODE I Section 39397. Public agencies proposing to purchase or lease land: findings; approval. 39397.5. Public agencies; surplus school property purchases; plans; operative date of section. 39398. Maintenance by public agencies; uses of land; reacquisition by school district. 39399. Law governing. 39400. Failure of compliance by school district; validity of transfer or conveyance. 39401. Exemption of surplus school sites. 39402. Alternative agreements for disposition of property. 39403. Limitation on rights of acquisition or lease by public agencies. 39404. Excluded school districts. Article 5 waa added by Stats. 1980, c. 736, p. 2199, § 2. Gnu* Refereaca Sale or lease of surplus property, failure to comply with preferred uses, required sale under this article, see § 39360.3. ^*39390. Legislative intent The Legislature is concerned that school playgrounds, playing fields and recreational real property will be lost for such uses by the surrounding communities even where those communities in their planning process have assumed that such properties would be permanently available for recreational purposes. It is the intent of the Legislature in enacting this article to allow school districts to recover their investment in such surplus property while making it possible for other agencies of government to acquire the property and keep it available for playground, playing field or other outdoor recreational and open-space purposes. Cra« Rezoning of unused school property, see Government Code ( 65832.9. Schools «-65. C.J.S. Schools and School Districts § 241 et seq. § 39391. Application of article This article shall apply to any school site owned by a school district, which the governing board determines to sell or lease, and with respect to which the following conditions exist: (a) Either the whole or a portion of the school site consists of land which is used for school playground, playing field, or other outdoor recreational purposes and open-space land particularly suited for recreational purposes. (b) The land described in subdivision (a) has been used for one or more of the purposes specified therein for at least eight years immediately preceding the date of the governing board's determina- tion to sell or lease the school site. r-_- (c) No other available publicly owned land in the vicinity of the school site is adequate to meet the | existing and foreseeable needs of the community for playground, playing field, or other outdoor I recreational and open-space purposes, as determined by the governing body of the public agency I which proposes to purchase or lease land from the school district, pursuant to Section 39397. I (Added by Stats.1980, c. 736, p. 2199, $ 2. Amended by Stats.1981, c. 507, p. 1862, § 1.) § 39392. School site; forerninc board As used in this article, "school site" means a parcel of land, or two or more contiguous parcels, which is owned by a school district. "Governing board" means the governing board of the school district which owns the school site. (Added by Stats.1980, c. 736, p. 2200, § 2.) § 39393. Authorization to sell or lease school sites The governing board of any school district may sell or lease any school site containing land described in Section 39391, and, if the governing board decides to sell or lease such land, it shall do so in accordance with the provisions of this article. (Added by Stats.1980, c. 736, p. 2200, § 2.) Undarilna Indteatas changes or additions by amendment 126 56 21 §39902 EDUCATION CODE Cnm Contracts for preparation, delivery, and for needy student*, see } 49554. service of molt CHAPTER 6. MISCELLANEOUS PROVISIONS Arttcto 2. UM of School Property Section .40040 ARTICLE 1. APPARATUS AND SUPPLIES § 40004. Repealed by SUU.1987, c. 1452, f 311 f 40005. Renumbered § 1275 and amended by StoU.1987, c. 1452, $ 312 $ 40010. Repealed by SUU.1987, c. 1452, $ 313 i§ 40012. 40013. Repealed by SUU.1987, e. 1452, $$ 314,315 ARTICLE 2. USE OF SCHOOL PROPERTY Section 40040. Short title. 40041. Use of civic center by public; terms; conditions and purposes. 40041.5. Mass care and welfare shelters. 40042. Management, direction and control; rules and regulations. 40043. Groups which may use school facilities without charge; charges for use by other groups. 40044. Use to further program or movement for overthrow of the government by force a misdemeanor. 40045. Determination of intention; sUtement of information; discretion of board. 40046. Liability for perjury. 40047. Preferential use of donated facilities; specified San Diego County elementary school districts. 40048. Missing children; posting of information in specified areas of public primary and secondary schools. Article S wot added fty Stat*.198S, e. ISM, p. 58SS, § 5. Former Article S vat repealed by StaU198* c. ISQt, p. 58S8, § 4- { 40040. Short title This article shall be known and may be cited as the Civic Center Act (Added by SUU.1982, c. 1502, p. 5828, { 5.) 1M1 Lifl^Mlem. Former f 40040 w«t repetkd by Suo.1912, c. 15O2, p. 5821, f 4. See. now. f 40041. $ 40041. Use of civic center by public; tens, conditions and (a) There is « civic center at each and every public school faeflrty and grounds within the state where the citizens, parent-teachers' associations, camp fire girto, boy scout troops, farmers' organiza- tions, school-community advisory councils, senior citizens' organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts may engage in supervised recreational activities, and where they may meet and discuss, from time to time, ss they may desire, any subjects and questions which in their judgment pertain to the educational, political; economic, artistic, and moral interesU of the citizens of the communities in which they reside. (b) The governing board of any school district may grant the use of school facilities or grounds as a civic center upon the terms and conditions the board deems proper, subject to the limiutioas, requiremenU, and restrictions set forth in this article*, for any of the following purposes: i52 57 22 EDUCATION CODE § 40042 (1) Public, literary, scientific, recreational, educational, or public agency meetings. (2) The discussion of matters of general or public interest (3) The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization which has no suitable meeting place for the conduct of the services, provided the governing board charges the church or religious organization using the school facilities or grounds a fee as specified in subdivision (c) of Section 40043. (4) Child care or day care programs to provide supervision and activities for children of preschool and elementary school age. (5) The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies. ft6) ^Supervised recreational activities. (7) Other purposes deemed appropriate by the governing board. (Added by Stats. 1982, c. 1502, p. 5828, § 5. Amended by Stats. 1984, c. 1659, § 2; Stats. 1985, c. 729, § 1-) 19(2 UfWitioB. Former $ 40041 was repealed by Suu.1982, c. 1502, p. 5828, § 4. See. now, § 40042. Derivation: Former J§ 40040, 40045 to 40048, ducted by SUU.1976, c. 1010, { 2. Uhnrjr Reference* Schools *»72. C.J.S. Schools and School Districts {} 231, 259, 260. bgcnenl 2 Paymtmt tar uc U» Validity 1 Notes of DeeWoii 4 3 2. b Grant of use agreement, whereby school district permitted university to use certain of the district's facilities for opera- tion of tuition-charging summer school whose classes and programs were solely and exclusively operated, maintained, and conducted by university provided for operation of the summer school completely separate and distinct from any operations of the district and hence was not violative of Const. An. 9, } 6 prohibiting transfer of any school from public school system or placement of any part of school under jurisdiction of authority other than those included within the system. California Teachers Ass'n v. Board of Ed. of Glendak (1980) 167 Cal.Rptr. 429, 109 C.A.3d 738. 1. Validity The statutes including School C. §| 740, 6.750 (repealed; see. now. §§ 39245 et scq.; 81525 et seq.). authorizing school board to grant the use of school buildings or grounds for public, literary, scientific, recreational, or educational meetings, or for the discussion of matters of genera] or public interest were not unconstitutional as resulting in the diversion of funds required to be raised for public school education to other activities, since where the primary pur- pose to be subserved is legitimate, the expenditure of moneys secured through taxation is legal notwithstanding incidental uses are made thereof for otherwise unauthorized purposes. Goodman v Board of Education of San Francisco Unified School Dist. (1942) 120 P.2d 665, 48 C.A.2d 731. 3. UMBI Civic Center Act, Stats. 1913, p. 853, establishing a civic center in every public schoolhouse, and vesting the manage- ment of such center in a board of trustees or board of education, authorized a board of education in its discretion to permit under proper supervision dancing in the school- house as a form of recreational activity. McClure v. Board of Education of City of Visalia (1919) 176 P. 711, 38 C.A. 500. 4. Payateit lor BM A school district cannot require payment of rent for free meetings pursuant to Civic Center Act in school auditorium, nor require sponsors of such meetings to compensate district for ensuing costs of maintenance and management, but must bear burden of such costs. Ellis v. Board of Education of San Francisco Unified School Dist. (1946) 164 P.2d I. 27 C.2d 322. § 40041.5. Mass care and welfare ihelten Notwithstanding Section 40043, the governing board of any school district shall grant the use of school buildings, grounds, and equipment to public agencies, including the American Red Cross, for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The governing board shall cooperate with these agencies in furnishing and maintaining such services as the governing board may deem necessary to meet the needs of the community. (Added by Stats.1984, c. 1659, § 3.) § 40042. Management, direction and control; rules and regulation* The management, direction, and control of school facilities under this article is vested in the governing board of the school district which shall promulgate all rules and regulations necessary to provide, at a minimum, for the following: ActerMu * • • Indicate cMcttora by am.odm.nt 153 23 58 NORTHWEST QUADRANT PARKS AND RECREATION IMPROVEMENTS LOCATION DESCRIPTION Holiday Park Rest room Construction 80 (Phase II) Holiday Park (Phase I) Holiday Park (Phase II) 4. Magee Park 5. Magee Park 6. Magee Park 7. Magee Park Hosp Grove 9. Hosp Grove 10. Maxton Brown (Phase I) 11. BV Elem. Sch. Parking - Sidewalks Lights, flagpole Park development & building restoration Heritage Hall, rehab Granary, rehab Bandshell Acq. 50 ± ac. Trail/construction Sidewalk curb improvements Turf & sport field construction 12. CHS Tennis Cts. Lighting installation 89 13. Swim Complex Construction 14. Swim Complex Deck repair YEAR 80 87-88 89 80 84 86 89 88 85 89-90 89 89 82 89 FUND GF PIL PIL PIL & SG GF GF CDBG GF Devel CDBG CDBG SG SG GF GF Rev. Sharing $ AMOUNT 50,000 250,000 100,000 265,000 15,000 4,000 20,000 14,840,000 N/A 10,000 40,000 96,000 1,100,000 250,000 15. Chase Field Lighted LL Field 80 GF 50,000 16. Chase Field Irrigation, fence improvement 24 84 59 CDBG 80,000 EXHIBIT E 17. 18. 19. 20. 21. 22. 23. 24. 1 • 26. 27. 28. 29. LOCATION. Chase Field HSCC Jefferson Elementary Pine Elem Sch. VJHS Senior Center Magnolia Scout House Kruger House Beach Access Beach Access Beach Access Boys & Girls . DESCRIPTION Improvements Acq. /development School park improvements Sport Lights Tennis Court surfacing Acq . /development Park/Sch . devel . Rehab . Rehab . Ocean Beech St. Christiansen Wy. Pool enclosure YEAR 88-89 80 84-85 79 89 88-89 82 85 86 84 85 88 87-88 FUND PIL CDBG SG CDBG GF SG RED & TIP GF GF GF Devi. Grant Grant CDBG S AMOUNT 194,000 599,000 96,000 5,000 12,000 3,800,000 10,000 2,000 5,000 N/A 50,000 50,000 125.000 Club TOTAL:$ 22,118,000 25 60 OTHER PUBLIC ENHANCEMENT IMPROVEMENTS: LOCATION 1. BV Lagoon 2. BV Lagoon 3. BV Lagoon 4. Carlsbad Blvd. 5. Sea Wall DESCRIPTION Dredging Island Restoration Parking Bluff top walkway improvements Walkway (retention wall) 87-88 SG YEAR 85 89 89-90 88 FUND SG SG SG RED & SG $ AMOUNT 100,000 130,000 75,000 850,000 4,100,000 6. Carlsbad Blvd. Sidewalk/bike lane road improvements 89-90 FAV TOTAL: 2.500.000 $ 7,755,000 QRTHWEST QUADRANT FUTURE PARKS AND RECREATION PROJECTS: LOCATION 1. Macario 2. Pine Sch. 3. Pine Sch. 4. NW Quadrant 5. Cannon Lake 6. Maxton Brown Extension DESCRIPTION Development Development To be determined Park Development Park Development 1.15 ac. YEAR 98 + 98 + 98 + 98 + 98 + FUND PFF Acquisition (7.0 ac.) 98 + PIL PFF PFF PFF PFF $ AMOUNT 7,025,000 2,380,000 805,000 1,500,000 770,000 175,000 26 61 LOCATION DESCRIPTION 7. Future Park To be determined Land acquisition or rehab. YEAR FUND 98 + PIL $ AMOUNT 1,705,000 8. Maxton Brown Improvements (Phase II) 89-90 CDBG 75,000 9. Agua Hedionda Pedestrian trail Lagoon improvements 90 + Devi.N/A 10. YMCA Property Acquisition 89 + N/A 1,100,000 11. Agua Hedionda Dredging middle lagoon 90 + N/A Lagoon 2,000,000 12. Carlsbad Blvd. Turf walkway Bluff Top improvements 89 + N/A 500,000 13. Pine Field Improvements 89 + CDBG 75.000 TOTAL: $ 18,110,000 OTHER FUTURE PUBLIC ENHANCEMENT PROJECTS: LOCATION DESCRIPTION 1. Carlsbad Blvd. Pedestrian walkway YEAR FUND 90 S AMOUNT FEDERAL 3,000,000 GRANT 2. Elm Avenue Street Scape improvements 90 + REDEVL 6.500.000 TOTAL:$ 9,500,000 27 62 SUMMARY LAST TEN YEARS: 1. Parks and Recreation Improvements $22,118,000 2. Future Parks and Recreation Projects 18,110.000 TOTAL: 40,228,000 3. Other Public Enhancement Improvements 7,755,000 4. Future Public Enhancement Improvements 9.500.000 TOTAL: 17,255,000 GRAND TOTAL ALL PROJECTS: $57.483.000 ******************************* * * * KEY: ** * * GF - General Fund * * PIL - Park-in-lieu * * SG - State Grants * * DEVL - Developer * * CDBG - Block Grants ** * ******************************* 5/89 28 - 63 Z r—O r> o ro O CONTINUE!Ja. 3 CO«: 2 O -or~mX cu **j(O toi 0 * * * * Co Xi CARLSBAD HIGH SCHOOL TENNIS COURTS1— •0 in oo0 » » rvj Zz:BUENA VISTA ELEMENTARY SCHOOLro U) o to eno * » » ~ zi; 73C 3>73 OO in —1 i—t/i•n » if * o zc 3 cz CD7 Z <£>*>. 00 O If If If CO zc o> 7* O .te O on 0 if » if 00 zc -a o -a o0 o ^4 O) 00i 0 » If » + zc O3» CZ I—>7^m ai bo^ 005 o If * if c r— 01to CO o 4- •f CT1 Z PINE SCHOOL/ACQUISITIONin roo o i 00o 4- Z 3 r o r\ r IT o73mO m O O rocr oo oi o £* 3E Oto-a C C pr f-o 1 — 1 ui rsi o * * * * rj g 1rrm o oi o cr> 94 * * If * tf rsj ?LAGUNA RIVIERA.£* O01 o r> >f » * » r* » » ,_ ?HOLIDAYen oo00 oi o s » » » If * * If r— -a j» ^-< a O fi ii r- n M ii :) n -»-~i-< n> i rf n — ' r-t- T3 IsC O) Oi fD Om rn Q_ «-»• — • oa. -a z a> s— -^ —-03O — ( *< — - O)3 -c w a. 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COLLEGE EL CAMINO (NORTH/SOUTH) ALGA RD. ALTISMA MELROSE RANCHO SANTE FE TOTAL GRAND TOTAL: ACRES .5 1.9 .8 1.0 4.0 6.0 4.0 .2 1.0 2.0 20.4 302.55 11/04/88 35 70 PARKS & RECREATION ELEMENT CITY OF CARLSBAD GENERAL PLAN LEGEND •jf COMMUNITY PARK •jjf FUTURE COMMUNITY PARK • SPECIAL USE AREA O FUTURE SPECIAL USE AREA -$ SPECIAL RESOURCE AREA 36