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HomeMy WebLinkAbout1993-01-18; Parks & Recreation Commission; 193-6; Levante CenterPARKS & RECREATION COMMISSION - AGENDA BILL TITLE: TGi~\B~l-p LEVANTE CENTER (ACTION) DEPT. F*^ RECOMMENDED OO Authorize staff to pursue negotiations with the Encinitas School District and amend the existing use agreement and deed the Levante Center to the district. It is also recommended that the City continue to maintain the landscaped areas and restroom facilities as identified in the agreement. ITEM EXPLANATION: For the past eleven years the City of Carlsbad and the Encinitas Union School District have had a maintenance and use agreement for the Levante Park/La Costa Heights Elementary School Site (Exhibit 1). As per the existing use agreement the City has been allowed to place the 1,150 square foot Levante Center on the site at no cost to the district. Scheduling of the center, maintenance, custodial service and utility expenses have been the responsibility of the City. According to the agreement, the school district has priority use of the center during regular school hours (8:00 a.m. to 3:30 p.m.). This facility is currently being used from 7:00 a.m. to 3:00 p.m., Tuesday through Friday each week by the La Costa Heights Elementary School Program. The evening hours are occasionally used by local baseball ana soccer organizational meetings, scout troop, bridge club and miscellaneous user groups. Taking into consideration that the school is run year around, its heavy weekday use has made it virtually impossible for the public to use this facility during the day. With the opening of Stagecoach Park, both the public and department have found this facility to be more desirable. Considering that the Encinitas Union School District is the primary user of theLevante Center, staff recently asked the principal of the school and Gene Fredericks, Manager of Facilities, to see if the district would be interested in obtaining and assuming the maintenance and operation of the center and they indicated they would. Mr. Fredericks also indicated that if the school district assumed responsibility for the center, it would continue to be made available for the public's use. FISCAL IMPACT By deeding the center to the school district, the City would save approximately $9,400 a year in personnel and maintenance and operation costs. During the 1991-92 fiscal year, the center generated only $1,200 in revenue due to the restricted hours and limited space available at the Levante Center.o £ EXHIBITS: 1. Memorandum to Parks and Recreation Director dated October 16,1992. 41 October 16, 1992 TO: PARKS AND RECREATION DIRECTOR FROM: Recreation Superintendent LEVANTE CENTER BACKGROUND During the past eleven years, the City of Carlsbad and the Encinitas Union School District have had a maintenance and use agreement for the Levante Park/La Costa Heights Elementary School site (Attachment). The District provides, at no cost to the City, the use of the playing fields, restroom facilities and a location for the city-owned relocatable building (Levante Center) on the La Costa Heights Elementary School site. Staff recently met with Gene Fredericks, Manager of Facilities for the District and informed him that the center was primarily used by the school. Mr. Fredericks was asked if the School District would be interested in obtaining the Levante Center and he indicated they would. RECOMMENDATION Taking into consideration that. Stagecoach Community Center is the primary facility that services the Southeast Quadrant of the City, it is staffs recommendation that the City amend the current use agreement and deed the Levante Center to the Encinitas Union School District. If the department or the community wish to use the center, facility approvals could be obtained through the District. It is also recommended that the City continue to maintain the landscaped areas and restroom facilities as specifically identified in the agreement. DISCUSSION The Levante Community Center is a 1,150 square foot city-owned facility which has a meeting room, restrooms, and storage area. As per the existing use agreement, the City has been allowed to place this building on the site at no cost to the District. The City is responsible for the scheduling of the center, maintenance, custodial service and annual utility costs. This facility is currently being used from 7:00 a.m. to 3:00 p.m., Tuesday through Friday each week by the La Costa Heights Elementary Schools Music Program. The evening hours are occasionally being used by local baseball and soccer organizations, scout troops, a bridge club and miscellaneous user groups. The heavy weekday use by the School District has made it virtually impossible for the public to use this facility during the day. 42 EXHIBIT 1 FISCAL IMPACT Deeding the Levante Center to the School District would result in a substantial savings to the City. The total potential savings to the City would be in excess of $21,000 during the first year and an annual savings of approximately $9,400. During the 1991-92 fiscal year, the center generated $1,200 in revenue. This low amount of revenue is attributed to the fact that the Stagecoach Community Center is a much more desirable facility to rent, the inability to rent or offer programs at the facility during the day and also that non-profit groups, such as youth sports organizations, do not pay for the use of the center. CONCLUSION With Stagecoach Park being in close proximity to the center, the public's needs have satisfactorily been met. Considering that the Encinitas Union School District is the primary user of the Levante Center and is interested in taking over the facility, it makes economic sense for the City to turn the center over to the School District. KEN PRICE /re Attachment - Use Agreement- Encinitas School District 43 promote' the health and welfare of the community and will contribute to the attainment of the general recreation objectives for children and adults within the community; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7, Division 1, Title 1 of the Education Code of the State of California to organize, promote, and conduct a program of community recreation and tc operate a community recreation center within and without their territorial limits; and WHEREAS, it is also provided by said Chapter 10 of Part 7, Division 1, Title 1 of the Education Code that the foregoing entities may cooperate with each other to carry out these purposes, and to that end may enter intc agreements with each other and may do all things necessary or convenient tc aid and cooperate in carrying out such purposes; and WHEREAS, the District owns the Levante school site, developed as the La Costa Heights Elementary School, but desires the City shall have use of saic site for community recreational purposes and for location of a city-ownec recreation building; • NOW, THEREFORE, THE CITY AND THE DISTRICT agree to the following: 1. The District shall provide at no cost to the City for use of the landscaped play fields, rest room .facilities, building all playgrounc equipment and a site for a city-owned relocatable building located on the Levante school site, La Costa Heights Elementary School, Parcel No. 24, Lot No. 250, as shown on San Diego County Assessor's Map No. 7457. 2. The City of Carlsbad, through^its Park and Recreation '"""^mission and Park and. Recreation Department, agrees to conduct, maintain, i and operate on said site and on such facilities, -- 45 -3- su-ervised recreation and the ' City agrees to supply all necessary supervision leadership, planning, and personnel for the maintenance and operation of said program. 3. The City shall at all times be responsible for the planning and operation of the recreation program, as well as for the acts of its employees, or any event, thing, accident or occurrence that should occur during the operation of said program and which is within the scope of control of said City or its employees. 4. The recreation program shall be under the jurisdiction and control of the Parks and Recreation Commission of the City. Said program shall consist of activities and at that level as determined by the City Council or its authorized representative. For the purpose of coordinating the activities herein contemplated, the City hereby appoints its Parks and Recreation Director as the representative of the City and the City's Park and Recreation Commission, who shall be the responsible manager of the recreation program, and shall coordinate all aspects of this program with the District, its governing Board, and the Park and Recreation Commission of the City. 5. The City-owned relocatable building will be placed, used, and maintained at no cost to the District and the City will remove or bring the building to the State Department of Architecture standards at no cost to the district when a school is placed on the site. 6. City shall be allowed to retain the District park site for City- owned relocatable recreation building for the duration of this agreement. 7. The School District shall have the priority of use of the site, bui Jing, or any part thereof, during regular school hours (8:00 AM to 3:00 46 P_M) on such days that the La Costa Heights School is in .session. The City shall have priority of use of. the site, building, or any part thereof, during non-school (La Costa Heights) hours, ( 3 : 30~PM~~~'to""ir: 00 ^o rT ^s c'ho o'lT'd a ysT1) However, the City shall be given written notification two weeks in advance of any intended use of the building by the School District. The responsibility of scheduling of the building, for community department use, shall lie with the City as per Council policy. 8. All persons employed in the performance of services and functions for said City shall be deemed City employees and no City employee as such shall be considered as an employee of the District or under the jurisdiction of the District, nor shall such City employees have any District pension, civil service, or other' status or like while an employee of the City. Said District shall not be called upon to assume any liability for v » direct payment of any salary, wage, or other compensation to any City personnel performing services hereunder for said City, or any liability other than that provided for in this agreement. Said City shall not be liable for compensation or indemnity to any District employee for injury or sickness or wages arising out of this employment with said District. 9. It is further covenanted and agreed, except as. otherwise provided, neither party shall be responsible to the other party for the cost of this program. The City covenants and agrees to be responsible and to pay all charges that it should incur in respect to the operation of this recreatior program, including the cost of service of its employees as well as incidental costs in connection therewith. The District covenants and agrees to pay all costs of its employees necessary in connection with this progran r~1 said District further covenants and agrees that no rental change fee will be imposed on the City in respect to the operation of this program. . - 47 -5- 10. The recreation program conducted by the City shall he open t< participation by all students residing in the District and residents o: Carlsbad, but such participation shall be subject to any rules an< regulations adopted by the Park and Recreation Department of the City. 1.1. The City shall maintain the landscape areas, other than thos< immediately around the school building and parking lot by mowing fertilizing/ and edging the grass; maintaining the installed irrigatioi system; applying necessary chemicals; and cleaning and stocking the res' room facilities at the expense of the City. 12. The District shall be responsible for all repairs necessary tc maintain the rest room and storage facilities and all playground equipment in a safe and usable manner. The District shall make such repairs within < reasonable time after being requested by the City. 13. No alterations, improvements or additions shall be made by Cit} without prior written approval of the District. " Any and all alterations, improvements or additions shall be made and performed in a good workmanlike manner and in accordance with all statues/ ordinances, and regulations^ applicable thereto. 14. The District shall provide and pay for all water and sewage utilities necessary to maintain and operate the grounds and rest rooms anc "» storage facilities. 15. i The City shall provide and pay for all electrical utilities necessary to maintain and operate the grounds and rest room and storage facilities and recreation .building. v 16. City and District/ at their respective expense, shall comply with c. j observe and secure compliance and observation with all the requirements of the Carlsbad Municipal Code and all Municipal/ County, State, and Federal ..48 or-dinance's, codes, statutes, and regulations now in- force or which may hereafter be enforced applicable to the grounds, rest room, and storage facilities and equipment. 17. Insofar as it is legally authorized, District shall hold free and harmless the City, members of the City Council, boards or commissions, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of any defective or dangerous 'condition or any ground, site, building, equipment, play areas, recreation facilities or other improvement located on the premises owned or maintained by the District or participation in any activity carried out or sponsored by the District under Paragraph 7 hereof. Insofar as it is legally authorized, City shall hold free and harmless the District, members of the governing board, its employees, officers and agents, while acting as such, from all claims, loss damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of operation of the community recreational program upon said premises and, further, the City shall be responsible for any and all damages to school property caused as a direct resirlt of any recreational activity being conducted on said'premises by the City. 18. The City further covenants and agrees during the term of this agreement, to maintain liability insurance, insuring said City, as well as said District, its officers and responsible employees, from any liability th might arise because of negligence, negligent act, or omission on the part of any City Officer or employee during the course of, arising out of, -49 -7- th~ performance of this agreement 19. Except as hereinafter provided, this agreement shall terminate on the 31st day of December 1995, and will be automatically renewed on a year to year basis until such time as the City or District notifies the other party that a termination is desired as hereinafter provided. 20. Subject to the provisions of Paragraph 6 hereof, this agreement may be terminated at any time by either party hereto upon sixty days written notice. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. ATTEST:CITY OF CARLSBAD, A Municipal Corporation of the State of California Lee Rautenkrantz City Clerk Claude A. Lewis Mayor ATTEST:ENCINITAS UNION SCHOOL DISTRICT WILLIAM CARLI Clerk, Board of Trustees DONALD E. DINDSTjfcm Superintendent and Secretary, Board of Trustees APPROVED AS TO FORM:APPROVED AS TO FORM: VINCENT F. BIONDO City Attorney SCHOOL DISTRICT COUNSEL 50