HomeMy WebLinkAbout1993-06-21; Parks & Recreation Commission; 693-6; Aviara Oaks Middle School PlayfieldPARKS & RECREATION COMMISSION - AGENL JILL
AB * #693-6
MTG. 6-21-93
DEPT.& R
TITLE:
AVIARA OAKS MIDDLE SCHOOL PLAYFIELD/
ROBERTI-Z'BERG GRANT (INFO)
RECOMMENDED ACTION:
Accept and file staff report.
ITEM EXPLANATION;
Pursuant to the Commission's recommendation, staff has investigated the possibility of
developing activity play fields at the Aviara Oaks Middle School utilizing grant funds
available by the Roberti-Z'Berg-Harris Program.
Negotiations with the La Costa Youth Organization and the Carlsbad Unified School District
have been successful, and the issue has been presented to the City Manager's office prior
to scheduling for City Council presentation. Attached is the draft City Council Agenda Bill
which will explain this issue in greater detail.
EXHIBITS;
1. Draft City Council Agenda Bill - "Aviara Oaks Middle School Activity Play Field
Development Proposal."
017
CITY OF CARLSBAD — AGENDA BILL
AB*
MTG.
DEPT.
T|TLE. AVIARA OAKS MIDDLE SCHOOL
ACTIVITY PLAY FIELD
DEVELOPMENT PROPOSAL
DEPT. HD. 3X?
CITY ATTY
CITY MGR.
RECOMMENDED ACTION: ^cAf^C } ^ HP A FT
Adopt Resolution No. _ approving:
1 . The phased-development concept of activity play fields at the Aviara Oaks
Middle School site.
2 . A separate Joint Use and Community Recreation Agreement with Carlsbad
Unified School District for the Aviara Oaks Middle School site.
3. An agreement with the La Costa Youth Organization to assist in the
development and maintenance of the Aviara Oaks Middle School activity
play fields.
4. Application for use of Roberti-Z'Berg-Harris Grant funds for Phase I
development of the activity play fields.
5. Withdrawal of previously submitted application for use of Roberti-Z'Berg-
Harris Grant funds to construct a barbecue facility at the Senior Center.
ITEM EXPLANATION:
In December of 1992, the Council rejected the bid proposal to construct a barbecue at
the Senior Center utilizing grant, city, and private donations. Council directed staff to
return with a report containing alternatives for a barbecue that meets the criteria, yet
does not exceed a cost of $5,000, and alternatives for use of Roberti-Z'Berg-Harris funds
which would provide recreational benefit to the community.
Staff brought the issue of the barbecue back to the Senior Commission in January of
1993. The Senior Commission voted to abandon the construction of a barbecue at this
time and recommended that the grant funds be utilized for other to be determined city-
wide projects.
The Parks ft Recreation Commission, on January 18, 1993, considered several
alternative uses of the grant funds and voted 6-1 to pursue approval for field
enhancement for the Aviara Oaks Middle School. Because the grant requires a donation
from a private source, the Commission directed staff to contact the La Costa Youth
Organization to see if they would participate in providing the necessary funds.
Staff also contacted the State's project office for local assistance regarding the Roberti-
Z'Berg-Harris Grant. The State representative indicated the City could change their
project application to include the development of the Aviara Oaks Middle School.
O
018
EXHIBIT 1
PAGE 2 OF AB#
DRAFT
However, it would require an agreement with the Carlsbad Unified School District to
include a clause to allow for termination by mutual consent.
To that end, staff has been successful in negotiating with the Carlsbad Unified School
District's Board of Trustees and the La Costa Youth Organization's Board of Directors
in the preparation and the signing of the attached agreements that would allow for the
phased development of the school playground facility for public use and secures a
financial commitment for the grant, development, and maintenance of the subject play
area.
Development Proposal
Staff has prepared the following phased development schedule for the Aviara Oaks
Middle School play field:
Phase I ($30,590)
In fiscal year 92-93, the City will apply to the state for $21,416 in Roberti-Z'Berg-Harris
Grant funds, coupled with $6,200 of prior approved GCC funds, and the $3,024 of
private contributions from the La Costa Youth Organization totaling $30,590, to
construct a backstop, player dugout, and an 8' high chain-link boundary fence.
Phase II ($17,000)
In fiscal year 1993-94, the La Costa Youth Organization, by the use of volunteer forces
and donations, will prepare the infield and install an automatic irrigation system,
provide top soil, and plant grass. In addition, they will install a portable 4'-high
outfield fence. The La Costa Youth Organization (LYCO) will also be responsible for
the maintenance of the ballfield until the school is built and will sign a non-exclusive
use agreement. The cost of this phase is estimated to be $17,000.
Phase III ($40,000)
In fiscal year 1994-95, subject to approval, the City will provide $40,000 in Capital
Improvement Public Facility Funds to complete the southern section of the Aviara Oaks
Middle School play area by installing an automatic irrigation system and planting grass
that will provide an adult-size soccer field and two (2) additional Softball/baseball
fields.
When this section is completed, the City will agree to maintain this portion of the play
area until the school is built. At that time the City will assume the maintenance of all
of the Aviara Oaks Middle School play area, approximately 5+. acres.
019
PAGE 3 OF AB#
Comments
It is staffs feeling that the development of the Middle School play area by a
combination of District, City, and community efforts, will be a win-win situation for all
concerned. In the Capital Improvement Program (CIP), the City has budgeted $540,000
in Public Facility Funds (PFF) in the year 2002+ for the development of the Aviara
Oaks Middle School play area. However, if we can get the appropriate approvals and
coordinate the joint development efforts between the city, the district, and community
groups, it will result in a savings of many thousands of dollars and provide additional
sport fields ahead of schedule.
If the Council approves the Commission's recommendation to apply the Roberti-Z'Berg-
Harris Grant funds toward Phase I of the Aviara Oaks Middle School project, staff will
forward the grant application to the State for grant application approval. The project
must be completed by June of 1994.
FISCAL IMPACT:
Phase I
State Grant $2,416
GCC (City) 6,150
LCYO (Private) 3.024
Total $30,590
Phase II
LCYO (Private Contribution) $17,000
Phase III
PFF (CIP 94-95) $40,000
RECOMMENDATION:
If Council concurs, staff recommends that approval be given to apply for the Roberti-
Z'Berg-Harri* State Grant funds for the development of Phase I of the Aviara Oaks
Middle School playground project. In addition, it is recommended that Council approve
$6,150 out of GCC as identified in the 92-93 CIP to help meet the City's portion of the
total grant requirement.
It is also recommended that the Council approve the phase development schedule of the
Aviara Oaks Middle School playground project and approve the attached agreements
between the City, the La Costa Youth Organization, and the Carlsbad Unified School
District.
020
PAGE 4 OF AB#DRAFT
EXHIBITS:
1. Resolution No.
2. Joint Use and Community Recreation Agreement between Carlsbad Unified
School District and the City of Carlsbad for the Aviara Oaks upper playing field.
3. Agreement between the City of Carlsbad and the La Costa Youth Organization.
021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, WITHDRAWING AN APPLICATION FOR ROBERTI-
Z'BERG-HARRIS GRANT FUNDING FOR THE DEVELOPMENT OF A
BARBECUE FACILITY, APPROVING A PHASED-DEVELOPMENT PLAN
FOR ACTIVITY PLAY FIELDS AT AVIARA OAKS MIDDLE SCHOOL,
APPROVING AN APPLICATION FOR USE OF ROBERTI-Z'BERG-
HARRIS GRANT FUNDING TO DEVELOP PHASE I OF THE ACTIVITY
6 FIELDS, APPROVING A SEPARATE JOINT USE AND COMMUNITY
7
8
RECREATION AGREEMENT WITH CARLSBAD UNIFIED SCHOOL
DISTRICT, AND APPROVING A DEVELOPMENT AND MAINTENANCE
AGREEMENT WITH LA COSTA YOUTH ORGANIZATION FOR THE
AVIARA OAKS MIDDLE SCHOOL ACTIVITY PLAY FIELDS
9
WHEREAS, in April of 1990, the City Council authorized the submittal of an
application to the California Department of Parks and Recreation for the use of
Roberti-Z'Berg-Harris Grant funds to construct a barbecue facility, and12
19
20
L..AFT
RESOLUTION NO.
WHEREAS, the California Department of Parks and Recreation approved the
14 application to fund the barbecue construction with grant funds, and
15
WHEREAS, the City advertised and received several bids for the barbecue
16
construction, and17
WHEREAS, all bids received exceeded the amount of state grant funds and
the required local match necessary in order to construct the barbecue facility, and
WHEREAS, the City Council directed staff to investigate other possible uses
21 of grant funds for projects which would be of community recreational benefit, and
22 WHEREAS, staff has met with the La Costa Youth Organization and the
23
Carlsbad Unified School District to evaluate the merits of developing activity play24
„- fields at Aviara Oaks Middle School, and
26
27
28
022
1
2
recreation-oriented organizations, and
4 WHEREAS, a separate Joint Use and Community Recreation Agreement
5
between the City and Carlsbad Unified School District (CUSD) has been prepared
6
and approved by CUSD for the development and use of the Aviara Oaks Middle
22
23
24
DRAFT
WHEREAS, all parties have agreed that a phased-development of activity
play fields would provide benefit to the City, School District, and community
School Activity play field, and
WHEREAS, an agreement between La Costa Youth Organization (LCYO)
and the City of Carlsbad for development and maintenance responsibilities for the
activity play fields at Aviara Oaks Middle School has been prepared and approved
12
by LCYO, and
13
WHEREAS, in January of 1993, the Carlsbad Parks and Recreation
Commission approved the application for use of grant funds for the activity play
16 field, and
WHEREAS, the City Council desires to consider the application for use of
18 Roberti-Z'Berg-Harris Grant funds for the Phase I development of activity play fields
19 at Aviara Oaks Middle School.
20
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California,
1 . The above recitations are true and correct.
2. The Council approves the phased-development proposal for the Aviara
25 Oaks Middle School activity play fields.
26
27
28
023
DRAFT
1 3. The Council does hereby approve the separate Joint Use and Community
2 Recreation Agreement with Carlsbad Unified School District for the Aviara
Oaks Middle School activity play field, a copy of which is on file with the
4
Carlsbad City Clerk's office.
5
4. The Council does hereby approve the agreement with the La Costa Youth6
7 Organization outlining development and maintenance responsibilities of the
8 activity play fields at Aviara Oaks Middle School play field, a copy of which
9 is on file with the City Clerk's office.
5. The Council does hereby withdraw their application for use of Roberti-
11
Z'Berg-Harris Grant funds for development of a barbecue facility at the
12
Senior Center.13
14 6. The Council does hereby approve and direct its staff to submit an
15 application to receive Roberti-Z'Berg-Harris Grant funds in order to develop
16 Phase I of the activity play fields at the Aviara Oaks Middle School site.
17 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
18 Council of the City of Carlsbad, California, held on the day of , 1993,
19
by the following vote to wit:
20
21 AYES:
22 NOES:
23 ABSENT:
24 CLAUDE A. LEWIS, Mayor
25 ATTEST:
26
ALETHA L. RAUTENKRANZ, City Clerk
27
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024
JOINT USE AND COMMUNITY RECREATION AGREEMENT
BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT
AND
CITY OF CARLSBAD -
Aviara Oaks Upper Playing Fields
THIS AGREEMENT, made and entered into as of the 14th day of April
1993. by and between CITY OF CARLSBAD, a municipal corporation, hereinafter
referred to as "City" and Carlsbad Unified School District, State of California,
hereinafter referred to as "District".
WITNESSETH
WHEREAS, the governing bodies of the City, and District are mutually
interested in an adequate program of community recreation under the auspices of
the City Parks and Recreation Department in cooperation with the District; and
WHEREAS, cities and school districts are authorized by Chapter 10 of
Part 7 of Division 1, Title 1 of the Education code of the State of California
(sections 10900 et. sec.) to organize, promote and conduct a community recreation
program and activities within or without their territorial limits; and
WHEREAS, said governing bodies are authorized to enter into agreements with
each other, to promote the health and general welfare of the community and
contribute to the attainment of the general recreation objectives for children
and adults within the community; and
WHEREAS, the City has established a Parks and Recreation Department
responsible for carrying out the purposes of community recreation; and
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025 EXHIBIT 2
WHEREAS, in the interest of providing the best service with the least
possible expenditure of public funds, cooperation between the City and District
is necessary:
NOW, THEREFORE, the City and District agree as follows:
1. The District will make available to the City, the upper playing field area
at Aviara Oaks School site for the purpose of conducting a diversified
community recreational program.
2. The use of school facilities shall be in accordance with the regular
procedures of the District in granting request for use of school facilities
specified by Chapter 10 of part 7 Division 1, Title 1 of the Education Code
of the State of California and the policies, rules and regulations of the
Governing Board.
3. The recreation program conducted by the City on school facilities shall be
open on equal terms to all persons residing within the boundaries of the
District and City, but such participation shall be subject to rules and
regulations adopted by the City Council and District.
4. A schedule of dates for the use of the school facilities will be worked out
in advance by the City in agreement with the District and this schedule
will be arranged as to avoid conflict between school and recreation use.
In the scheduling of said facilities, school events and programs shall have
first priority; recreation programs established by the Parks and Recreation
Department shall have second priority.and any other events by other groups
or agencies shall have third priority.
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026
5. In the event of any dispute or difference arising as a result of the
recreation program being conducted by City facilities on the sites jointly
used, or as to the use of District facility, then, in that event, said
dispute or difference shall be settled and arbitrated by appealing to the
City Manager and Superintendent of the district, in accordance with
established policies and procedures of the District and City.
6. The Parks and Recreation Department will provide or cause to be provided
all expendable materials, i.e.. bats, balls, etc., necessary for carrying
on its recreation program for all ages that will be conducted on the school
facilities.
7. The City may install and maintain sprinkler systems, turf,
playground equipment, fencing and additional recreational equipment
not in conflict with school use, on school property in areas selected by
the City Manager, subject to the prior approval by the Superintendent of
Schools. Any installation of equipment or construction of facilities for
community recreation purposes shall be at the City's costs and meet
standards established in the California Education and Administrative Code.
8. It is further agreed that plans and specifications for the placement of all
equipment, facilities and permanent improvements upon school property and
the type, design and construction thereof, shall have prior approval of the
Superintendent of Schools prior to any installation thereof.
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027
9. The La Costa Youth Organization agrees Lo maintain the baseball fields on
the upper playing fields until the middle school is constructed.
10. For the purposes of this agreement, all persons employed in the performance
of services and functions for City shall be deemed City employees,and no
City employee shall be considered as an employee of the District or under
jurisdiction of the District, nor shall City employees have any District
pension, civil service, or other status while an employee of the City.
The District shall not be responsible for the payment of any salary, wage
or other compensation to any City personnel performing services hereunder
for the City. City shall not be liable for compensation or indemnity to
any District employee for injury or sickness or wages arising out of
his/her employment with District.
11. The District agrees that during the time that the City has use of school
facilities, City may charge such admissions and fees for said use of
facility. All monies so levied and collected by the City shall be and
remain the property of City. However, no event for which an admission
price 1s charged shall be held pursuant to this agreement except amateur
athletic contests, demonstrations or exhibits, and other educational and
noncommercial events. In the use of school facilities under this
agreement. City agrees to comply with all of the requirements of the
Education Code of the State of California setting forth the limitations,
requirements and restrictions on the use of school facilities.
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. 028
1?. It is understood and agreed that all activities on school facilities
sponsored by District shall be supervised and conducted by District, and
that all activities sponsored by City, pursuant to this agreement, shall
be supervised and conducted by City. Each party shall be responsible for
said areas during their period of use and bear the costs of all necessary
supervising or teaching personnel during said period.
13. Insofar as it is legally authorized, the District shall hold free and
harmless the City, members of the City Council, board or commissions, 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 of any ground, site, building, equipment, play areas,
recreation facilities or other improvement located on the premises owned
and maintained by District, or participation in any activity carried out
or sponsored by the District, and»further, the District shall be responsible
for any and all damages to property caused as a direct result of any school
activity being conducted on said premises by the District.
Insofar as it is legally authorized, the City shall hold free and harmless
the District, members of the Board of trustees, its employees, officers and
agents, while acting as such, from all claims, loss, damages, costs,
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029
expenses or liability which may arise by reason of liability imposed by law
because of injury to property or injury tu or death of persons, received
or suffered by reason of operation of the City recreational program upon
said premises, by reason of its development of the athletic fields of the
property or its performance of its obligations under this agreement:
further, the City shall be responsible for any and all damages to property
caused as a direct result of any recreational activity being conducted on
said premises by the City.
14. The term of this agreement shall be for a length of ten years renewable on
a year to year basis thereafter by mutual agreement. In addition, the
terms of this agreement may be modified at any time by mutual consent and
written agreement of the respective parties.
15. Nothing in this agreement shall be construed to prohibit the Board of
Trustees from participating financially in a specific recreation program
when mutually agreed upon by the Board of Trustees and the City Council.
16. This Community Recreation Agreement may be terminated by either party as
of June 30 Of any fiscal year for any reason with at least 180 days written\
noticft to the other. Due to a requirement of state funding under
Proportion 70 (Robert!-Z'berg) for the development of the play fields at
Aviara Oaks Middle School, termination of the agreement for joint use of
this site only will be by mutual consent of both parties.
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030
CITY OF CARLSBAD, a Municipal CARLSBAD UNIFIED SCHOOL DISTRICT
Corporation of the State of California
By
CLAUDE "BUD" LEWIS, Mayor
Bv
MARK D. PACKARD, President
Board of Trustees
BV
SUSAN-HARUMI BENTLEY, Ed.D.
Acting Superintendent
031
RECEIVED MAY f 0
LAW OFFICES
OF
JEROME R. SMITH
JEROME R. SMITH
WILLIAM J. FREED
RICHARD M. RAOOSH*
'OF CO1 JNSEL
LA COSTA PLAZA
7S9O EL CAMINO REAL, SUITE 2O6
CARLSBAD, CALIFORNIA 92OO9
(SI9) 94-2-S9OO
LECOPIEH (619) 943-8994
May 6, 1993
David Bradstreet
Parks & Recreation Director
City of Carlsbad
1 200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Aviara Oaks
Dear Dave:
Please find enclosed herewith the original executed agreement on behalf of
LCYO concerning the Aviara Oaks ballfield. LCYO's execution of this agreement was
approved at the May 5, 1993 board meeting.
Very truly yours,
R. Smith, President
JRS:mm
Enclosure
EXHIBIT 3
AGREEMENT
<r~ ASThis Agreement is entered into this j day of/ /gX 1993, by and between the City of
Carlsbad, hereinafter referred to as "City" and La Gosta Youth Organization hereinafter
referred to as "LCYO", P. O. Box 9000, Carlsbad, California 92008.
Whereas, in order to promote the health and general welfare of the Carlsbad community,
there is a need for community groups to assist in the development of sport fields on City
and/or Carlsbad Unified School District (District) land for the youth of Carlsbad.
Whereas, the District is the owner of certain undeveloped real property, commonly referred
to "Aviara Oaks Middle School".
Whereas, LCYO sponsors, organizes and conducts various sport activities participating in
recreation programs where field play is, scheduled by the City's Parks and Recreation
Department.
Now, Therefore, based on good and valuable consideration and in consideration of promises
contained herein, LCYO agrees as follows:
1. LCYO agrees with the memo dated March 25, 1993 attached hereto and made a part
hereof, written to the District outlining the history and a phased development
proposal in the construction of the Aviara Oaks Middle School play field area.
2. LCYO agrees to contribute $3,024 of private contribution as a portion of the Roberti-
Z'Berg State Grant, where funds will be used to complete Phase I of the three phase
development program of the subject play fields.
3. LCYO agrees to participate in the Phase II portion of the three phase development
of the northern baseball field as outlined in the March 25, 1993 memo (copy
attached).
4. LCYO agrees that the construction under their supervision will meet all District and
City specifications, standards and needs.
5. LCYO agrees to maintain, until the Aviara Oaks Middle School is constructed, the
northern baseball field area, to include water, mowing, fertilizing, edging, trash
removal and repair to the satisfaction of the District and the City.
6. LCYO agrees that prior to construction and for the duration of maintenance and use
of the subject play area, LCYO will provide for comprehensive liability insurance
naming the District and City as additional insured. The insurance policy will have a
limit of liability for defense and indemnity of at least one million dollars. LCYO will
provide a copy to the District and City prior to commencement of construction.
033
7. LCYO docs hereby agree and understand that even though they have provided the
funds and improvements to the District for the development of the Aviara Oaks
Middle School Athletic Fields, that LCYO does not have exclusive use for this facility.
However, notwithstanding the above, in consideration for LCYO's providing the funds
for the improvement of fields, the District and the City of Carlsbad hereby agree that
LCYO shall have priority consideration of the fields for baseball use, subject to
District events and programs. Use of the fields at other times, including that by
LCYO, shall first be through and in accordance with the permit system utilized by
Carlsbad Parks and Recreation Department. All other use, given third priority shall
be in accordance with District procedures for use of District facilities.
8. LCYO agrees to indemnify, defend and hold District and City harmless from any and
all claims, actions, costs, expenses (including attorney's fees and costs), damages or
liabilities relating to LCYO's construction of improvements until such time as the
responsibility of operating and maintaining the field passes to the District or City
under the terms of this agreement. LCYO further agrees to indemnify, defend and
hold District and City harmless from and against any and all claims arising from any
breach or default in performance of any obligation on LCYO's part to be performed
under the terms of this Agreement, or arising from any act, neglect, fault or omission
of LCYO or its agents, contractors, employees, servants, or volunteers, and from and
against all costs, attorneys' fees, expenses and liabilities incurred in connection with
such claims or any action or proceeding brought thereon.
9. In the event that either party must sue to enforce this agreement, the prevailing party
shall be entitled to reasonable Attorneys' fees and cost.
10. The term of this agreement shall be for five years renewable on a year to year basis,
therefore by mutual agreement.
11. Termination of this agreement may be inacted by either party for any reason upon
at least 90 days written notice to the other.
12. The intent of this agreement is that it shall be the complete and final expression
between the parties.
In Witness Therefore, the parties hereby have executed the Agreement as noted.
Youth Organ^ation^ j Director of Parks a"nd Recreation
, (s-Ufl^A2-Date 'I Date
03*