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: $57.483.000
*******************************
* *
* KEY: ** *
* GF - General Fund *
* PIL - Park-in-lieu *
* SG - State Grants *
* DEVL - Developer *
* CDBG - Block Grants ** *
*******************************
5/89
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KioCELLANEOUS LANDSCAPE/OPEN SPACE ^
LANDSCAPED AREA
CITY HALL/LIBRARY
SAFETY CENTER
PALOMAR TRIANGLE
TAMARACK TRIANGLE
POINSETTIA BRIDGE
BIENVENIDA CIRCLE
405 OAK
FIRE STATIONS (5)
LAS FLORES TRIANGLE
REDEVELOPMENT AREA
CAROL PLACE
POLLY LANE
BEACH ACCESSES
1166 CARLSBAD VILLAGE DRIVE
SPINNAKER HILLS BANK
TAMARACK SEWER PLANT
SANTA FE CORRIDORS
ELM BANKS (EAST OF EL CAMINO)
ELM CRIBWALL
TOTAL:
OPEN SPACE AREAS
SPINNAKER POINT EASEMENT
WOODBINE BANKS
CADENCIA (REAR LOT)
LEVANTE CANYON
HOSP GROVE
SAN MARCOS CANYON
LACUNA RIVIERA BANK
TOTAL:
ACRES
10.00
14.00
3.00
13.00
49.55
20.00
3.00
112.55
RIGHT OF WAYS;
RIGHT OF WAYS TOTAL:
ACRES
121.2
MILES
72
MEDIANS (LANDSCAPED)
CAR COUNTRY
POINSETTIA
AVENIDA ENCINAS
PALOMAR AIRPORT RD.
COLLEGE
EL CAMINO (NORTH/SOUTH)
ALGA RD.
ALTISMA
MELROSE
RANCHO SANTE FE
TOTAL
GRAND TOTAL:
ACRES
.5
1.9
.8
1.0
4.0
6.0
4.0
.2
1.0
2.0
20.4
302.55
11/04/88 35 70
PARKS &
RECREATION
ELEMENT
CITY OF CARLSBAD
GENERAL PLAN
LEGEND
•jf COMMUNITY PARK
•jjf FUTURE COMMUNITY PARK
• SPECIAL USE AREA
O FUTURE SPECIAL USE AREA
-$ SPECIAL RESOURCE AREA
36