HomeMy WebLinkAbout1991-02-25; Parks & Recreation Commission; 291-6; Carlsbad High School Request for Appeal1 PARKS & RECREATION COMMISSION - AGENDA BILL
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REQUEST FOR APPEAL (ACTION)
RECOMMENDED ACTION:
If the Parks and Recreation Commission wishes to uphold the policies related to the Facility
Use Regulations and Fee Schedule, your action would be to deny the appeal by
representatives of the Carlsbad High School. However, if the Commission wishes to grant
an appeal, it is recommended that it be done so on a one time basis to be reviewed annually
or as the need arises.
ITEM EXPLANATION;
The Athletic Director, Wayne D. Rice, from Carlsbad High School approached Department
staff with a use request for Calavera Hills Community Park ballfield #3. Under stipulations
outlined in their use request and identified in the Facility Use Agreement and Fee Schedule,
their rental cost would be approximately $410. The cost is based upon use of the facility by
the junior varsity baseball team from 3 p.m. to 5 p.m. Monday through Friday, February 18th
through May 20th, 1991.
Department staff notified Mr. Rice of their use fee based upon his request. After
notification, Mr. Rice requested a waiver of that fee by City staff. The Department
informed the Athletic Director that staffs position was to uphold the existing policy as
recommended by the Parks and Recreation Commission and established by the City Council
through the approval of the Facility Use Agreement and Fee Schedule. City staff also
informed Mr. Rice of the appeal process, and he has requested that the Parks and
Recreation Commission consider his request (Exhibit 1).
As was previously mentioned, staffs position is to support existing policy. However, if the
Commission desires to grant the appeal, staff recommends that it be done so on a one time
basis to be reviewed annually or as the need arises. Staff could support the Commission's
decision to waive the fee since the high school's use would not displace any scheduled
recreational programs or activities at this particular facility.
FISCAL IMPACT;
The anticipated fee for the requested use would result in a revenue of approximately $410.
A waiver of those fees would negate that revenue.
EXHIBITS:
1. Letter dated February 8, 1991, from Wayne D. Rice
2. Report dated February 20, 1991, from Principal Recreation Supervisor
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RECEIVED FEB- 8
Unified School District
801 Pine Avenue. Carlsbad. California 92008-2439 (619) 729-9291 FAX# (619) 729-9685 "All Students Can Learn"
Februarys, 1991
Mr. Dave Bradstreet, Director
Parks and Recreation Department
City of Carlsbad
Carlsbad CA 92008
Dear Dave:
I am requesting that you place on the February 25, 1991 agenda for the
Commission of Parks and Recreation for the City of Carlsbad the following
item:
"Carlsbad High School would like to be granted a waiver for the cost of
using baseball field #3 at Calaveras Hills Park."
The season runs from February 18 to May 20, 1991. I am hoping the
Commission will assist in allowing Carlsbad High School the use of the
baseball field between hours of 3:00 pm. and 5:00 p.m. for junior varsity
baseball practice. Carlsbad High School would be responsible for the daily
set-up or the field and any other responsibilities necessary in order to
assure the safe use of the field for baseball.
We understand the Tri-City Christian School also would be using the field
during the 23 days we play our games at Carlsbad High School or at other
high schools.
Carisbad High School believes that the City and the Carlsbad Unified
School District share facilities and costs in many areas and that this
waiver would be appropriate under other use agreements between the City
and the school district.
Thank you for your time.
Sincerely,
Wayne D. Rice
Athletic Director
cm
CARLSBAD HIGH SCHOOL
3557 MONROE STREET *-•- • 34
CARLSBAD, CALIFORNIA 92008 (619) 434-1726
February 15, 1991
TO: PARKS AND RECREATION DIRECTOR
FROM: Principal Recreation Supervisor
REQUEST TO WAIVE FEES - CARLSBAD HIGH SCHOOL
Background
The Athletic Director from Carlsbad High School has requested that the Parks and
Recreation Department waive the rental fees for the Junior Varsity Baseball team's use of
Calavera Hills ballfield #3 daily from February 18 to May 20, 1991, between the hours of
3:00 p.m. - 5:00 p.m. (Attachment 1). Under the existing Facility Use Regulations, the
Carlsbad School District would be required to pay $5.00 per hour for the use of the Calavera
ballfield #3.
Recommendations
It is staffs responsibility to carry out the policy recommended by the Parks and Recreation
Commission and established by the City Council related to the Facility Use Regulations and
Fee Schedule. Therefore, it is staffs recommendation that the request to waive the fee be
denied.
Discussion
The application for the Calavera ballfield has been reviewed by staff. Currently, the dates
and times are available for their use. According to the Parks and Recreation Facility Use
Regulations (Attachment 2) the Carlsbad School District would be required to pay a rental
fee of $5.00/hour. When discussing the fee with Mr. Rice he indicated that he did not have
the fee budgeted for his program and felt that since the School District did not charge the
City to use their fields, the City should in turn not charge him. Mr. Rice was also informed
that the rental fees for the use of facilities are identified as Council Policy and that staff was
only following Council's direction. Staff denied his request to waive the fees and he then
proceeded to pursue his right of appeal to the Parks and Recreation Commission.
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Page 2
Fiscal Impact
The Carlsbad High School baseball season runs from February 18 to May 20, 1991. During
this time they would be using the field two (2) hours a day for a total of forty-one (41) days.
With the rental fee being $5.00/hour the cost would be $410 for their season.
Summary
In conclusion, staff will continue to carry out the rules and policies of which the Commission
and Council set forth. However, under the appeal process, the Commission reserves the
right to waive fees. If it is the Commission's prerogative to do so, staff could support that
decision especially in light of the fact that the high school use would not displace any other
recreation programs or activities. However, if an appeal is granted, it is recommended that
it be done so on a one time basis and reviewed annually or as the need arises.
KEN PRICE
Attachments
Attachment 1 - Appeal Letter from Wayne Rice
Attachment 2 - Facility Use Regulations
dm
c: Recreation Superintendent
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DECEIVED FEB - 8 1991
Carlsbad Unified School District
801 Pine Avenue, Carlsbad. California 92008-2439 (619)729-9291 FAX* (619) 729-9685 "All Students Can Learn"
Februarys, 1991
Mr. Dave Bradstreet, Director
Parks and Recreation Department
City of Carlsbad
Carlsbad CA 92008
Dear Dave:
I am requesting that you place on the February 25, 1991 agenda for the
Commission of Parks and Recreation for the City of Carlsbad the following
item:
"Carlsbad High School would like to be granted a waiver for the cost of
using baseball field #3 at Calaveras Hills Park."
The season runs from February 18 to May 20, 1991. I am hoping the
Commission will assist in allowing Carlsbad Hibh School the use of the
baseball field between hours of 3:00 pm. and 5:00 p.m. for junior varsity
baseball practice. Carlsbad High School would be responsible for the daily
set-up OT the field and any other responsibilities necessary in order to
assure the safe use of the field for baseball.
We understand the Tri-City Christian School also would be using the field
during the 23 days we play our games at Carlsbad High School or at other
high schools.
Carlsbad High School believes that the City and the Carlsbad Unified
School District share facilities and costs in many areas and that this
waiver would be appropriate under other use agreements between the City
and the school district.
Thank you for your time.
Sincerely,
Wayne D. Rice
Athletic Director
cm
CARLSBAD HIGH SCHOOL
3557 MONROE STREET
:ARLSBAD, CALIFORNIA 92008
ATTACHMENT 1
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"~ CITY OF CARLSBAD
PARKS AND RECREATION DEPARTMENT
FACILITY USE REGULATIONS
Applications for use of City facilities may be made by mail or in-person
at the Harding Community Center, 3096 Harding Street, Stagecoach Community
Center, 3420 Mision Estancia or at Calavera Community Center, 2997 Glasgow.
Applications will be accepted Monday through Friday, 8:00 a.m. to 12:00 noon and
1:00 p.m. to 5:00 p.m., except holidays.
Applications will be reviewed, use will be prioritized and fees, if any,
set by the Recreation Supervisor. Please refer to Application Procedures, Rules,
Priority Classifications and Fee Schedule.
APPLICATION PROCEDURES AND POLICIES
1. Applications will be accepted for specific dates and times. Time requested
must include all set-up and clean-up time. Applications must be submitted
at least ten (10) working days in advance of the date requested. Advanced
scheduling may be accepted one (1) year prior for larger special events.
2. Regular hours of operation are Monday through Friday, 8:00 a.m. to 10:00
p.m., Saturdays, 8:00 a.m. to 4:00 p.m. On Friday and Saturday nights,
programs must end by 1:00 a.m., with a departure time no later than 2:00
a.m. An additional fee will be charged for use of the facility other than
during regular hours of operation for all classifications.
3. Applications will be approved for specific rooms, park areas and ball
fields, depending on group size, type of activity and availability. No
activity shall be scheduled for more than room capacity.
4. The Department may refuse or cancel any application. Written notices of
refusal or cancellation with appropriate explanation will be given by the
Department. Applications for use may be denied for the following reasons:
a. Unsatisfactory prior use.
b. Hazardous condition exists.
c. Application submitted less than ten (10) days in advance.
ATTACHMENT 2~- 38
d. Non-payment of fees before due date.
e. Higher priority activity takes precedence.
If an application is denied, the decision may be appealed to the
Principal Recreation Supervisor. The next option, if the applicant is not
satisfied, is to appeal it to the Recreation Superintendent, Parks and
Recreation Director and Commission. The final appeal can be made to the
City Council.
The Department reserves the right to limit the number of uses by any
one group so that the entire community may make use of the limited
facilities available.
5. In the event of a change of plan by applicant, notice of cancellation must
be given to the Department 21 days before the date of intended use in order
to avoid financial obligation for charges involved. A ten dollar ($10)
processing fee will be charged and a refund, if applicable, will be mailed
to the applicant.
6. All fees must be paid at one of the Community Centers, Harding, Stagecoach
or Calavera Community Center. Checks or money orders are made payable to
the "CITY OF CARLSBAD".
7. A $150 refundable cleaning/damage deposit must be paid upon application
approval. The remainder of the fee is due 21 days before scheduled use.
Groups using facilities on a weekly, semi-monthly or monthly schedule must
pay on or before the first meeting of the month. Other arrangements may
be approved by the Recreation Supervisor.
8. A signed copy of your application by the Recreation Supervisor is your
confirmation of the requested date. Any preparation for an event is solely
at the applicant's risk.
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9. The Recreation Supervisor may impose additional requirements on the
applicant as a condition of approval. These additional requirements may
include, but are not limited to, additional security, City staff or
insurance. If an application for facility use has been submitted less than
10 working days in advance, applications may be reviewed and accommodated
subject to facility availability. Any financial obligations incurred by
the City to accommodate the applicant will be deducted from the required
deposit upon notice of cancellation. Cost incurred for additional
requirements shall be the responsibility of the applicant.
RULES GOVERNING FACILITY USE
1. An employee of the Parks and Recreation Department shall be present during
all hours of use. Applicants that have been approved by the Department may
be issued a key for off-site locations. The applicant is then responsible
to secure the facility when leaving.
2. Clean-up/Refunds
a. On the day of the event, the patron must initially inspect the premises
with a staff person and fill out a Condition of Facility Report. This
report is a check list to insure there is no negligence by either party
(Recreation staff or patron).
b. Groups are responsible for the following clean-up at the end of their
event:
Cleaning of all equipment used.
Cleaning of any counter areas used.
Cleaning and wiping all table tops used.
Clean-up of any floor or carpet areas soiled or dampened.
Clean-up of the kitchen and all amenities used (i.e.,
refrigerator, stove, oven, sinks, etc.).
Putting all trash in proper receptacles.
Removal of all equipment supplies, personal articles, displays,
etc., immediately following clean-up.
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c. At the end of the rental and clean-up period, the patron will inspect
the premises with a staff person and complete the Condition of Facility
Report.
d. If a group fails to perform a clean-up after their activity, the total
deposit will be forfeited. If the facility is left in a satisfactory
condition, a refund will be issued approximately three to four weeks
after the date of the facility use.
3. All groups must be under the direction of their own leadership. There must
be at least one adult present and responsible for each twenty minors, and
an adult must be present at all times.
4. The City of Carlsbad is not liable for accidents, injuries or loss of
individual property in connection with any of its facilities. Groups which
fall into moderate to high risk activity will be required to obtain
liability insurance (rider clause to original policy), approved by the
Recreation Supervisor, naming the City of Carlsbad, its officers and
employees as additional insured. The City shall require liability insurance
of $1 million to $5 million, depending upon the risk factor.
5. No activity will be permitted which is in violation of local, state or
federal statutes. Applicants must adhere to all City policies and fire
codes during their use of the facility.
6. Groups are responsible for controlling noise that could be disturbing to
other activities or the surrounding neighborhood.
7. The Parks and Recreation Department reserves the right to full access for
all activities in order to ensure that all rules and regulations are being
observed, and may terminate the activity for the safety and welfare of the
citizens or City property.
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8. Rental for use of parks is charged only for organized activities requesting
specific areas. Liability insurance or security guards may be necessary
depending on a) risk factor level, b) alcohol, and c) nature of use.
9. Scout groups in Carlsbad have first priority for use of the Scout House,
at no charge. The facility will be available for use by other groups when
not in use by the Scouts. The Scout troops must submit a "Facility Use
Application" with the Department. This form will be good from September
through June. If summer use is needed, a separate application must be
submitted.
10. Groups having live musical entertainment or serving alcoholic beverages
must abide by the following additional security requirements:
a. Groups selling alcohol must obtain "Daily On-Sale General License" from
the Alcohol Beverage Control Board.
b. Guard service will be arranged by the Department but paid by the
applicant. Guards will act as security forces and not as I.D. checkers.
Additional guards may be assigned by the Recreation Supervisors, if
needed.
11. Alcoholic beverages shall not be purchased or brought into the building by
other than the person responsible for the activity or licensed caterer.
Alcoholic beverages are not to be consumed outside the building. If minors
are found to be in possession of alcoholic beverages, or if participants
are found to be in possession of drugs, the activity will be terminated
immediately.
12. Approval for use will not be granted to a person under twenty-one (21)
years of age.
13. Department equipment is available for use in the City's facilities, but may
not be removed to any other location without proper written authorization
by the Recreation Supervisor.
14. Use of the facilities by religious groups, groups or individuals for private
or commercial profit making ventures will be limited to three (3) months.
Use may not be extended or renewed beyond the original period.
15. The use of any facility will not be granted or permitted to any individual,
society group or organization which has its objectives the overthrow or
advancing of the overthrow of the present form of government of the United
States or the State of California by force, violence or other means.
16. No two groups of opposing political parties or political affiliation shall
be scheduled at the same time at any facility.
17. No tape, nails, staples, etc. will be permitted on the walls of any
facility.
18. SMOKING IS NOT PERMITTED IN ANY CITY FACILITY.
19. Stagecoach and Calavera Community Centers/Gymnasiums:
a. Gymnasium usage will not be granted when other City facilities are
deemed more suitable for requested usage.
b. No food, beverages, or hard sole shoes allowed.
c. Floor cover to be in place for all events other than sports.
20. Safety Center Conference Rooms:
a. In the event of a major emergency occurring within the City the meeting
rooms will possibly be used by City officials. Groups scheduled to use
the rooms will be preempted during that time. An appropriate refund
of room reservation fees collected, or rescheduling of the cancelled
meeting will be arranged.
b. Parks and Recreation Department personnel will process applications no
more than thirty (30) days in advance. Police and Fire Department will
have first priority.
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CLASSIFICATION OF APPLICANTS AND FEES
Each application will be reviewed by the Recreation Supervisor and classified
into a group depending on the type of organization and the intended use. The
Parks and Recreation Department's activities have first priority for the use of
the facilities. The classifications are listed in order of priority with
classification "A" first, classification "B" second, etc.
The City attempts to accommodate all groups; however, there is a limited number
of facilities. Unfortunately, the demand exceeds the supply. For that reason,
a priority system for use had to be established.
A. Parks and Recreation activities; Co-sponsored activities; other City
departments.
Examples: Friends of the Library, Carlsbad Book Fair
B. Non-profit organizations (non-paid management); Carlsbad resident not-
for-profit, civic, social organizations and any organization
sponsoring a public forum or candidates night.
Examples: Carlsbad Rotary, La Costa Youth Organization, Bobby Sox,
Little League, Boy Scouts, Lions Club
C. Carlsbad resident not-for-profit, civic, social organizations (paid
management); educational institutions; resident recreational.
Examples: Boy's and Girl's Club, School District, lindsay Property
Management Association
D. Locally organized groups whose normal place of meeting is located in
the City of Carlsbad; resident religious; resident political candidate
use for fund raisers; non-resident not-for-profit civic and social
organizations; resident private parties.
Examples: North County A.A., Y.M.C.A., resident religious and
political groups
E. Resident commercial, business, profit making organization, non-
resident private party activities.
Examples: Carlsbad Inn, non-resident parties, weddings or
receptions
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F. Non-resident commercial, business, political, profit making and
religious organizations.
Examples: Trade shows, company training, meetings, seminars
IN ORDER TO QUALIFY AS CLASSIFICATION "B" OR "C" NON-PROFIT USER, THE
ORGANIZATION MUST MEET ALL OF THE FOLLOWING CRITERIA:
1. The organization must be registered as a not-for-profit corporation with
the State of California, or, if not registered with the State, must have
a constitution or by-laws which clearly state that the objectives of the
organization are of a non-profit, non-commercial nature.
2. The organization must be comprised of volunteers, 51% of which must be
Carlsbad residents.
3. The organization must submit the following:
a. If incorporated, submit State incorporation papers and by-laws; if not
incorporated, submit constitution and by-laws.
b. Financial verification of organization's exemption from income tax.
(Department of the Treasury form 990 may be used.) An up-dated copy
will be required by October 1st of each year.
c. A signed statement verifying item "2" above.
8
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CATEGORIES
A B C D
PARKS
Holiday - Gazebo Area N/C N/C 5 8 10 15
Stagecoach/Calavera - Picnic Area N/C N/C 5 8 10 15
Magee Park - Open Area N/C N/C 3 5 8 12
La Costa Canyon - Upper Area N/C N/C 3 5 8 12
Laguna Riviera - Picnic Area N/C N/C 3 5 8 12
BALLFIELDS
Chase, Pine, Stagecoach, Calavera
Day Use N/C N/C 5 5 7 7
Lights N/C N/C 13 13 15 20
Levante, Safety Center, Fuerte
Day Use Only N/C N/C 5 5 77
TOURNAMENTS - ($200 deposit required)
Field plus Bases N/C N/C 5 5 7 7
Lights N/C 7 13 13 15 20
Field Preparation N/C 15 15 15 15 15
Snack Bar N/C N/C 5 8 10 12
TENNIS COURT (Tournaments Only/Daily Fee)
Carlsbad High School N/C N/C 20 30 40 60
Stagecoach/Calavera N/C N/C 15 20 25 35
Laguna Riviera N/C N/C 10 15 20 30
NOTES;
1. There is a two-hour minimum for the use of facilities, parks and meeting rooms,
except for ballfields which can be rented for one (1) hour. Fees will not be
pro-rated for less than one hour.
2. Day Use for the Softball fields and the tennis courts is from 8:00 a.m. until
dark. An additional amount is charged for lights.
3. Building rentals include use of tables, chairs, P.A. and kitchen facilities
when appropriate.
1/89
10
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r
FACILITY FEE SCHEDULE AND CLASSIFICATIONS
REGULAR OPERATION HOURS
Marchnq/Calavera/and Stagecoach Community Centers
Monday - Friday 8:00 a.m. to 10:00 p.m.
Saturday 8:00 a.m. to 4:00 p.m.
Safety Center Conference Rooms
Fox/Palowsk1 Mtg. Rooms Monday - Friday 2:00 p.m. - 10:00 p.m.
Saturday 8:00 a.m. - 5:00 p.m.
E.O.C. Mtg. Room Monday - Friday 8:00 a.m. - 10:00 p.m.
Saturday 8:00 a.m. - 5:00 p.m.
Fees are based on an hourly rate, with a two hour minimum (except ballflelds).
An extra staffing fee of $7.00 per hour Is required for all recreation usages
other than regular operation hours.
FACILITIES
CATEGORIES
_A_ _£_ _£_ JL _E_ JL
Harding Community Center
Auditorium N/C $10 $15 $20 $40 $45
Recreation Hall N/C 10 15 20 40 50
Multl -Purpose Room N/C N/C 10 15 20 25
Kitchen N/C N/C 5 10 15 20
Stagecoach/Calavera Community Centers
Gymnasium N/C 10 20 30 45 55
Activity Room N/C 10 15 20 40 50
Multl -Purpose Room N/C N/C 10 15 20 25
Kitchen N/C N/C 5 10 15 20
Safety Center
Fox Meeting Room N/C 7 12 17 25 30
PalowsM Meeting Room N/C 7 12 17 25 30
Emergency Operating Center N/C 7 12 17 25 30
Levante Center N/C N/C 10 15 20 30
Heritage Hall N/C N/C 10 15 20 30
Granary N/C N/C 8 10 15 20
Scout House N/C N/C 8 10 15 20
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