HomeMy WebLinkAbout1994-09-19; Parks & Recreation Commission; 994-4; Spinnaker Hill Tot-LotPARKS & RECREATION COMMISSION - AGENDA BILL
^t
DEPT.
TITLE:SPINNAKER HILL
TOT-LOT (ACTION)
RECOMMENDED ACTION:
If the Parks and Recreation Commission upholds previous action to allow the development
of a tot-lot in the Spinnaker Hill neighborhood at no expense to the City, then the *\ f'^'
Commissions' action would be to deny the tot-lot development pending the applicants ^"" (
consent to provide liability insurance. However, if the Commission supports City funding £, w J-^ "r
of the tot lot development then staff would recommend Alternative #2.
ITEM EXPLANATION:
On August 19, 1991, Diane Brink (applicant) addressed the Parks and Recreation
Commission with a request for the City to develop a small tot-lot in the vicinity of
Spinnaker Hill located in the Southwest Quadrant of the City. For reasons related to the
Citys' current Park Development Program, the request was not approved by a vote of 7-0
(please refer to Exhibit 1).
On February 22, 1993 Diane Brink again approached the Commission with a similar
request. However, in a written proposal and subsequent presentation to the Commission,
her request indicated that the tot-lot would be developed, operated and maintained through
private resources and at no cost to the City. Pursuant to her presentation and after
considerable questions and discussion of concerns, the Commission approved (4-2-1) the
citizen request to develop, operate and maintain on City property, at no cost to the City, a
playground (tot-lot) which will be open to the general public, subject to obtaining the
appropriate right-of-way permits. In addition, a number of caveats accompanied the
Commissions approval in order to insure quality control for the construction and
maintenance of the facility. Staff was further directed to assist the applicant in the permit
process required to develop the tot-lot (please refer to Exhibit 2).
During the process to acquire a right-of-way encroachment permit for development of the
tot-lot, the applicant was required to provide liability insurance which named the City as
additionally insured. Pursuant to that condition the applicant has some concern and
hesitation relative to accepting responsibility for liability of the facility she is requesting to
build (refer to Exhibit 3). According to the City Attorney's office, if the applicant or an
appropriate organization such as a Home Owners Association does not accept
responsibility, then the City must. Typically, the City will not accept the responsibility
for liability exposure for projects which the City or it's approved contractors do not
construct and/or maintain.
In an effort to resolve this situation, a meeting was held with the City Manager's office to
further evaluate this issue. As a result of discussions during that meeting, it was
requested that this item go back before the Parks and Recreation Commission to review
the following alternatives.
1. That the City build, maintain and accept liability exposure for the facility.
^ 14
PAGE 2, AB #_
2. That the applicant give the City the money she has collected to construct
the facility (approximately $1,000) and the City build, maintain and accept
responsibility for liability exposure.
3. That the applicant construct and maintain the facility to City standards and
that the City attempt to secure liability coverage for her which names the
City as additionally insured.
4. That the applicant build and maintain the facility and provide for liability
exposure which names the City as additionally insured.
At this point, the applicant is unable to commit to Alternatives 3 & 4 and in all likelihood
the City would be unable to secure liability coverage for her (Alt. #3). If the goal is to
develop a tot-lot in the Spinnaker Hill area then the City must accept liability. However,
it is the Citys' policy that we will only accept liability for those facilities which the City
develops and maintains and not for facilities developed and maintained by others.
Therefore, if a tot-lot is to be built, the City must construct and maintain it.
FISCAL IMPACT;
Although the applicant is suggesting that the tot-lot can be constructed through private
resources for a cost of approximately $2,000, the City staff feels the cost to construct the
facility will be significantly more if the City facilitates its development utilizing
manufactured playground equipment which is under warranty by an authorized distributor.
In utilizing such equipment, the City protects itself against potential liability exposure. In
addition, according to our interpretation of ADA requirements, sand is not an acceptable
surface material which meets ADA requirements. Finally, necessary labor cost for the
City to construct the facility would establish project costs in excess of $10,000. A
preliminary breakdown is as follows:
Authorized manufacture playground equipment $3,500
ADA approved surface material 2,000
Landscape material (plants, curbing, fencing, signing, etc.) 2,500
Labor 2,500
Misc. (Admin, contingencies etc.) 1.000
Total $11.500
Annual maintenance costs of the facility excluding vandalism and any costs associated
with potential liability exposure is estimated at $1,000 per year. In terms of potential
costs associate with liability exposure, the City is self insured, however, the terms of our
insurance dictate that the City is liable for the first $500,000 for each claim. The City is
then insured up to $10,000,000 (per claim) , and the City is then liable for anything over
that amount.
Development and maintenance funds for such a project have not been budgeted for in the
1994-95 operating budget. If the City is to develop this tot-lot, it must do so with existing
funds and must be absorbed in this year's operating budget.
-~ 15
PAGE 3, AB #_
RXHTBTT:
1. Parks aruLRecreation Commission AB #891-10, Citizen Request for Development
of Neighborhood Park in Southwest Quadrant
2. Parks and Recreation Commission AB #292-5, Citizen request, tot-lot installation
Spinnaker Hill (SW Quadrant)
3. Memo - August 4, 1994, Spinnaker Hills Tot-lot
4. Letter - August 30, 1994, Diane Brink
,
16
PARKS &rR)ECREATION COMMiSSICffi- AGENDA BILL
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C^
AB* AQl-IO
MTG. s| tf |q/
1EPT. P*R
TITLE: CITIZEN REQUEST FOR DEVELOPMENT OF
NEIGHBORHOOD PARK IN SOUTHWEST
QUADRANT (ACTION)Y3>
c
RECOMMENDED ACTION:
Deny citizen request to develop a small neighborhood park in the southwest quadrant.
ITEM EXPLANATION:
The department staff has been contacted by Mrs. Diane Brink who is requesting the City
develop a small children's park within close proximity to the existing neighborhoods within
the southwest quadrant adjacent to the Fire Station at Batiquitos and Poinsettia.
In a telephone conversation with Mrs. Brink, in response to her request, staff reiterated
the City's current philosophy with regards to park development. Several reasons were
explained to Mrs. Brink as to why department staff would be opposed to her request. The
following is offered for Commission consideration.
1. The City's current philosophy in park development as originally adopted
with the 1982 Parks and Recreation Element is to eliminate any further
development of small neighborhood parks, but rather to concentrate park
development efforts towards fewer but larger community parks. The
reasons for this direction are:
• the non-use phenomenon of small neighborhood park facilities
as it relates to changing neighborhood demographics,
the impacts of maintenance and operation costs,
• the benefits of providing large community parks containing
both active and passive recreational amenities in terms of
both user participation and maintenance costs.
2. The City's current park development plan within the southwest quadrant is
presently under way with the development of the Alta Mira Park site within
the very near future. In addition, another community park within the
quadrant is planned within Zone 19 of the Aviara development. With the
development of those two park sites and the Aviara Oaks School site, the
City's Park Standard will be exceeded.
3. The prevailing park development program, as outlined above, has funding
mechanisms secured as identified within the City's Capital Improvement
Program Budget. Funds for acquisition and development within this
quadrant have been made available from Park-In-Lieu Fee and Public
Q Facilities Fee funding. The current online facilities will exhaust available
5; J- funding for park development within the quadrant and any additional funds
to create park facilities over those currently outlined would need to be
_ created from additional sources. Efforts to secure additional funds would
g eliminate or offset other projects currently outlined within the C.I.P. Budget.
... ,/ * EXHIBIT
PAGE 2, AB # _
O QAfter the explanation to Mrs. Brink, staff suggested that if she wished to pursue her
request for additional park development that she seek approval from the Parks and
Recreation Commission. Subsequently, staff has received a written request (Exhibit 1) lor
additional park development within the southwest quadrant.
FISCAL IMPACT;
None at this time.
EXHIBITS:
1. Mrs. Diane Brink's letter, 7-12-91
18
O Q
Kieth Beverly . 7/12/91
Parks and Recreation Dept.
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Dear Mr. Beverly,
Thank-you for our recent telephone conversation yesterday
regarding a small childrens park next to the fire station on
Batiquitos and Pointsettia.
Our neighborhoods are changing to younger couples with small
children and it would be advantageous to the 6 surrounding
communities to have a park within walking distance for us all to
._ enjoy. The closest parks now are 12-15 minutes away by car.
\^ Also the "open areas" which have been set aside by developers
have been left "natural" and are not safe because of snakes and
ticks.
My specific request is for a small childrens park set off
the road (for safety) with a swing set, slide, climbing set, sand,
a grass area, a drinking fountain, and some benches.
I believe having a park at this location would improve our
community by 1) having a safe place for our children to play
within walking distance, and 2) convert an area which is unused
to an attractive and very useful park.
Thank-you Very Much,
rs. Diane Brink
7206 Azalea Place
Carlsbad, CA 92009
19
37 EXHIBIT 1
o MINUTES O
1991 PARKS MID RECREATION COMMISSION Page 3 COMMISSIONERS
Since no one else wished to speak, the public testimony
was closed at Si 33 p.m.
The Parks and Recreation Commission continued this item
to the September meeting for staff to supply more
information on why the Police cannot enforce the laws. A
copy of this agenda bill is to be sent to Police Chief
Vales.
10. AB #891-10 CITIZEN REQUEST FOR THE DEVELOPMENT OF A
NEIGHBORHOOD PARK IN THE SOUTHWEST QUADRANT (ACTIONI
Keith Beverly gave the staff report.
Chairperson Welshons opened the public testimony at S>47
p.m., and Issued the Invitation to speak.
Diane Brink, 7206 Azalea place, stated she had requested
a small children's park close to the spinnaker Hills
area, as there are more children there at this time, and
she felt there would be strong support in the
neighborhood for this park. She stated she would like a
park she could walk to, as they are 1.2 miles from the
Alta Mira Park. Mrs. Brink stated that the natural areas
are too dangerous for the children to play there.
Since no one else wished to speak, the public testimony
was closed at Si 54 p.m.
The Parks and Recreation Commission denied the request to
develop a small neighborhood park in the southwest
quadrant.
11. AB J891-11 LA COSTA YOUTH ORGANIZATION REQUEST TO
INSTALL BATTING CAGE FACILITY AT STAGECOACH PARK
(ACTION)
Ken Price and Doug Ouncanson gave the staff report, using
slides and a transparency showing the design of the Park.
Chairperson Welshons opened the public testimony at 6tl2
p.m., and issued the invitation to speak.
Scott Pleratt, 7201 Hantanita Street, representing La
Costa Youth Organisation as President, stated there is no
room for the kids to play bell, and the batting cage
would allow them to practice and alleviate the shortage
of fields. He said their organisation would provide the
funding, construction and upkeep of the batting cage, and
would give the structure to the City. They would aek
that they have first priority for the batting cage use.
ou
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Lawson
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PARKS &rECREATION COMMISSION- AGENDA BILL
AB#
UEPT.
TITLE:
CITIZEN REQUEST, TOT LOT INSTALLATION
SPINNAKER HILL (SE QUADRANT) (ACTION)
RECOMMENDED ACTION:
If the Commission concurs your action would be to approve the citizen's request to
develop, operate, and maintain on City property at no cost to the City, a playground
area (tot lot) which will be open to the general public, subject to obtaining the
appropriate right of way permits.
ITEM EXPLANATION;
The Play Area Committee of Spinnaker Hill subdivision, headed by Diane Brink has
requested support and guidance to develop a small area with play equipment on the
east side of Lagoon Lane between Daisy Avenue and Poppy Lane. The subject area
approximately, 60' x 20', is located on City owned property zoned as open space.
Mrs. Brink is requesting that the City give their group permission to plan, develop,
operate and maintain the play area at no cost to the City.
The proposal outlines the following:
• Creation of a small play area within walking distance of several
developments, to include 2 pieces of multi-use play equipment, two
benches, fencing and landscaping as needed.
• Local residents/users will raise funds for the equipment purchase and
maintenance costs.
• Citizens will prepare the site, install equipment per A.D.A. and
manufacturer specifications and Carlsbad City codes under supervision of
local, licensed contractor. Vendor will provide technical guidance, as
necessary.
• Citizens will install .safety barrier, signs, and plant appropriate landscape
materials.
• Citizen group will assume ongoing maintenance of the play area and
landscaping.
Staff Analysis;
As the Commission wilHfecall, Mrs. Brink made a request to the City some time ago to
develop, at City cpsffa play area for children in the Spinnaker Hill area. Her request |_
.was denied primarily due to the City's adopted park development policy of not being Q£
involved iiKtne development of the neighborhood, pocket, small mini park or play H
ar«ai.» th tdditien, tftt cammuilan rujtid ihut tfi«f i wtri two community par Hi that 3
would have play areas incorporated in them, to be Developed in the southwest quadrant >
in the near future. - - &L Lj
PAGE2,AB# _ Q
adjacent to the proposed play area. In a memo dated November 10, 1992 from the
Traffic Engineer, his recommendation was not to install such a guardrail. However, he
does mention that any improvement in the public right of way will require prior
approval and permits from the Engineering Department.
Conditional Use Permit fCUP^: Oyj^GJ^Y^ pulh/vtJjt: (fOO ^ I
Because the play ground area will be placed primarily on City owned property
designated as open space, play grounds are permitted uses as long as they are open to
the general public and do not require a CUP.
-Liability Concerns;
The installation of any type of recreational facilities or apparatuses by a private group
or by the City on City property to be utilized by the general public, would create an
additional liability exposure. Currently, the City is self insured up to the first $500,000
for each occurrence. So in essence, this is not like any other park development project
or any citizen neighborhood group adopting a park area; both create additional
liabilities which cities traditionally assume.
Any installation of this type would require close inspection by the City as well as
monitoring ongoing maintenance and safety checks.
The Commission should also be aware that if the private citizen group sometime in the
future abandons the maintenance of this facility the City would be required to absorb
the maintenance impact within the Parks and Recreation budget or remove the play
area from public use.
-Traffic Impacts:
Presently, Lagoon Lane (Batiquitos Drive), dead ends at the north edge of Batiquitos
Lagoon. As development occurs within this section of the quadrant the street will be
extended to the east to connect at the terminus of the existing Batiquitos Drive, located
adjacent to the Aviara Golf Course.
At this time, the average daily trips (ADT) is minimal. Buildout projections according
to the Traffic Engineer, will be approximately 6,700 ADT which is designated as light
traffic.
FISCAL IMPACT;
This project will have no fiscal impact on the City budget as the citizen group will
provide the funds for the equipment installation and ongoing maintenance. <*r*hjLA
Direct cost to the department would be absorbed through in kind services i.e., staff
time for processing and monitoring maintenance and safety checks. "
EXHIBITS; oo- - dd
1. Citizen Request
2. Engineer Report - Guardrail 10 O
n
Dave Bradstreat
Director, PaHta-and Recreation Department
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008 10/10/92
Dear Mr. Bradstreet:
There are many families with small children in Spinnaker
Hi 11 and adjacent neighborhoods who are very interested in
developing, funding and using a small play area within walking
distance. Several possible sites have been identified and
disqualified with the present one being proposed for
consideration.
The attached proposal is the result of a great deal of
planning by many families to develop a small, neighborhood-funded
and maintained play area for tots. It is recognized that there
are some persons in the community who will find various reasons
to discourage this proposal and describe problems which might be
encountered. We have recognized these problems and have
identified practical and cost-effective solutions.
The play area committee of Spinnaker Hill requests the
support and guidance of your department and the Parks and
Recreation Commission to develop the play area described in the
attached proposal. The play committee is ready to meet with your
department and the Parks and Recreation Commission at the
earliest opportunity to describe the play area. Please contact
me to schedule a presentation.
Sincerely,
Diane Brink
7206 Azalea Place TVv\ o
Carlsbad CA 92009
619 431-0194
Attachment .
109
23
EXHIBIT
•o o
o PLAY AREA COMMITTEE
Spinnaker Hill
PROPOSAL -Create a small play area within walking distance
for small children accompanied by parents of
Spinnaker Hill, Vista Pacifica, and Broccato and
funded by local residents.
LOCATION -On the East side of Bataquitos
Avenue and Poppy Lane.
Drive between Daisy
TIMING -March .1993
June 1993
August 1993
- City approval
- Conduct local fundraislng
- Complete project
110
BACKQOUND
No play area for small children with parents In Southwest
Quadrant — ;~
Proposed SW Quadrant park (Alta Mira) two years*, over one
mile away and too far for small children to walk.
Many neighborhood sites considered.
Proposed site is available, well suited, within easy walking
distance, easily monitored and well lighted
No site preparation- -" —••••-• —••••^ •-•.._
. . Least adverse neighborhood impact
Most cost-effective
. Strong community support and participation
Community Support
_ citizen signatures
Aviara/Hil Iman Properties
Broccato/Odmark and The Ian
Standard Pacific of San Diego
Adjoining neighbors
25
111
O^-' EQUIPMENT
RECOMMENDED SELECTION
Moore # TO-334 (see attached)
2 - standard decks
1 - belt swing, one infant swing
1 - tire swing
1 - slide
1 - turning bar
1 - steering wheel
Freight, tax, discount total $3682.61
Moore # 6022 Hillside Straight Slide (optional - see
attached) $1662.00
2 - park-type benches $250.00
2 - safety,signs $75.00
Play area committee would request equipment purchase through
Carlsbad City sources If significant financial savings could
be realized. Committee funds would be transferred to city
for acquisition.
(• FUNDING
Local residents/users will raise funds for equipment
purchase
INSTALLATION
Parents will Install equipment per manufacturer
specifications and Carlsbad city codes under supervision of
local, licensed contractor. Vendor will provide technical
guidance, as necessary.
MAINTENANCE
Parents will continuously maintain equipment and play area
appearance.
26
112
. o oSAFETY v-
A two foot high natural hedge (drought resistant) lining the
sidewalk for approximately 60 feet
2 safety signs on either side of play area entries
requesting parental supervision
"Children at Play" or equal signs on Bataquitos Drive
The play area will be very observable from the road and well
lighted at night, deterring mischief or Inappropriate
behavior.
A bumper guard rail runnitng for 40-60 feet along the play area
27
113
SITE
DESCRIPTION
East side of Bataquitos Drive, 200 feet south of Daisy
Avenue
Approximately 28 feet deep and 60 feet long
feet from nearest residence with 30 feet verticle rise
Sloping slightly to the south
Well lighted all night by existing streetlight
Drinking water source nearby.
PREPARATION
3 large eucalyptus trees scheduled for demolition for
Bataquitos Drive landscaping
Utilize existing grade
Trim remaining trees for safety and lighting enhancement
Consider water fountain connection to existing pipe
LANDSCAPINO.
Provide appropriate planting around site per Carlsbad
Landscape Quldline and Parks Department requirements
Plant appropriate vegitation for natural, no maintenance,
safety barrier for child safety
Play area ground cover will be pulverized bark or other
material approved by Carlsbad Landscape Guide
28
o . o, Btrtt-MIU- RECEIVE!) NOV j o 1992
MEMORANDUM , .DECEIVED NOV 0 £ 1392
November 10, 1992
TO: PARKS AND RECREATION DIRECTOR
FROM: Traffic Engineer
TOT LOT, CrnZEN REQUEST FOR A GUARDRAIL
Thank you for your memorandum of October 26, 1992 regarding the request for
approximately 45 feet of guardrail on Batiquitos Drive at the proposed tot lot. I have
reviewed the sketch that you provided of the tot lot location and field reviewed the
proposed site.
A meandering sidewalk has been constructed on the east side of Batiquitos Drive (called
Lagoon Lane on the provided sketch) and at the tot lot location the sidewalk is contiguous
to the curb and gutter. This contiguous sidewalk configuration meets City of Carlsbad
standards and is how we build virtually all sidewalks in Carlsbad. Guardrail is generally
not installed immediately behind the curb and gutter except in special circumstances where
there is a high probability of a vehicle running off the road at that particular location.
Staff uses Caltrans criteria when evaluating the need for a guardrail. Basically, guardrails
are installed to deflect a vehicle away from a fixed object or an embankment slope. A
vehicle striking a guardrail can result in severe injury to the occupants. The determining
factor generally is if guardrail results in more severe injury or if the occupants will receive
less injury when the errant vehicle leaves the roadway and does not strike a guardrail.
There are no slopes or hazardous features at the tot lot location that would warrant the
guardrail to be installed. The proposed tot lot is on the inside portion of a large radius
curve and vehicles do not have a high probability of running off the road at this location.
I do not recommend installation of guardrail as has been requested. It is my understanding
that the proposed tot lot will consist of only a few pieces of equipment/furniture that will
result in very low use at this location. As you know, any other improvements in the public
right of way will require prior approval and a right of way permit from the Engineering
Department.
^^ , ,.,
ROBERT T. JOHNSON, JR., P.E.
Traffic Engineer
c: Gty Engineer IIP)
29
.r\_
Dnve Bradstreet
Director, Parks and Recreation Department 10/15/92
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mr. Bradstreet:
A community interest group from Spinnaker Hills and Vista Pacifica
proposes to create a small "tot lot" play area within it's neighborhood
that would be open to the general public. We propose to: FUND
CONSTRUCT AND
MAINTAIN
this small play area whose focus will be for toddlers and preschoolers.
The proposal submitted to you on 10/14/92 is the result of a
great deal of planning and work- We recognize the primary goal of
safety and intend for this area to also be a lovely and positive —
addition to our neighborhood. We feel we have practical and cost effective
solutions to any challenges to our project.
We seek the "Parks and Recreation's" support in the form of
approval and guidance in making this dream a safe, fun, and beautiful
addition to our neighborhood.
Thank-You Very Much,
Diane Brink
7206 Azalea PI.
Carlsbad, CA 92009
619-431-0194
30
11G
; . " . Q Q
r RECEIVED
"•'*" OCT271992
October 26, 1992 .
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
TO: TRAFFIC ENGINEER
FROM: Parks and Recreation Director
TOT LOT, CITIZEN REQUEST FOR A GUARD RAIL
A community interest group from Spinnaker Hills and Vista Pacifica is requesting permission
from the City to construct a tot lot on the east side of Batiquitos Drive between Daisy
Avenue and Poppy Lane (on City property).
To protect the subject tot lot, the group is requesting the installation of a guard rail (to City
specifications) adjacent to the play area.
Would you please determine if this is a possibility and also provide the cost for such a rail.
If you have any questions please call me at extension 2825.
DAVID BRADSTREET
v- c: Parks Superintendent
Attachment
31
ull.1l I Ul ..
o
LIMIT OF
WORK
WATER VALVE 131
VAULT
CATV
,. DAISY AVE
o
CONC. PAD TO K REMOVED
OF SLOPS
IS LIMIT OF WOBK
TCT LOT
rvilTUTT
RECEIVED
August 2, 1994
TO: PRINCIPAL ENGINEER RICHARD ALLEN AUG 0 3 1991!
FROM: Risk Manager^/"^ ENGINEERING
r DEPARTMENT
SPINNAKER HILLS TOT LOT
On February 22, 1993, the Parks and Recreation Commission voted to approve Ms. Diane Brink's
request to develop, operate and maintain on City property at no cost to the City, a playground area,
open to the general public, on the east side of Lagoon Lane between Daisy Avenue and Poppy Lane.
This approval was subject to the issuance of a right-of-way permit.
At some point since that time, the Engineering Department began working with Ms. Brink on an
encroachment agreement which contains the City's standard hold harmless clause. Recently, Ms.
Brink indicated to the Engineering Department that she does not want to be liable for claims
resulting from the use of the playground equipment and would like the hold harmless clause
removed from the agreement.
At this point there are two options to completing the agreement based on the need for the City OR
the homeowner(s) to accept responsibility for both park maintenance and liability.
1. If a tot lot is to be developed and maintained on this Citv property at no cost to the City
(not withstanding the fact that in the event of an injury the City will be sued regardless of
who maintains and assumes liability for the tot lot) - The City must approve the
development of the park, including the selection and installation of playground equipment,
and the homeowner(s) must maintain the park, and assume liability for the tot lot and
maintain liability insurance coverage with the City named as an additional insured on the
policy.
2. If a tot lot is to be developed and maintained on this Citv property and the Citv accepts
liability - The City must approve the development of the park, including the selection and
installation of playground equipment, and assume responsibility for the maintenance of the
lot so that the City's public park health and safety standards will be met and maintained,
thereby minimizing the risk of injury to the public and liability exposure to the City. This
option is inconsistent with the decision of the Parks and Recreation Commission to approve
the park at no cost to the Citv: as a result this option would require further review and
action by the Commission.
In summary, the responsibility for park development and maintenance cannot be assumed separate
from the responsibility for liability and still implement the Commission's decision to develop,
operate and maintain the park at no cost to the City. If the park is to be developed, either the
homeowner(s) OR the City must assume responsibility for both maintenance and liability.
Please let me know if I can provide any additional information.
c: City Attorney
Financial Management Director
Community Services Director
33
EXHIBIT 3
O
August 4, 1994
TO:ASSOCIATE ENGINEER HOWARD
FROM: Principal Civil Engineer
SPINNAKER BILLS TOT LOT
Attached is the response from the Risk Hanager. Diane Brink
or someone will have to provide insurance and name the City as
additionally insured. Also, Community Services will have to
approve the selection and installation of the equipment. These two
requirements should be placed on the encroachment permit as
conditions.
I talked to Jim Elliott about this today. He told me that
Frank Mannen will be writing a letter to Ms. Brink explaining this.
RICHARD H. ALLEN, JR., P.E.
Principal Civil Engineer
RHA:
attachment
C: Financial Management Director
City Engineer
pecffiffiunity Services Director
Assistant City Engineer
34
FROM PHQtt NO.P01
To: Dave Bradstreet
8/30/94
Dear Dave,
Thank-you again for meeting with (Regarding the Tot-tot.
1 believe the fastest and cheapest wayno achieve our goal is
to agree that the city wll adopt this tot-tot and maintain
this tot-lot after, it is bufft. This way our own group could
build and install It (according to ADA) fast and tow priced.
When the construction is complete and complies to city
standards then the city can adopt the maintenance and also
the liability.
Let me briefly go over my plan for the cost and construction
of the tot-tot:
2 seat wood swing set (Moore Rec equip 06662 and #8520) $622.
Materials for wood platform for play , self butt . $500.
Park Bench $75.
Sand for body of ground cover Donated 0
C-flex fencing 2 ft high and invisible 50ft $125.
Hedge plants to border fence $75.
Signs 2 at 75.00 $1 SO.
Curbing material for sand enclosure and wheelchair access path $300.
Misc. costs $150.
M«^BI»M
$1997.
I propose construction to start this December 1994 using
manpower within our community working under a contra-
ters licensee. The workers could sign liability waivers
while they work.
After talking to en ADA specialist (accessibility expert)
I believe we could use sand for the body of the playground
area and use a path of regular * ground " up to the side of the
swing set and to the side of the wood platform for wheelchair access.
It seems to me after talking with this specialist that this area
is a gray area and there is no use spending a tot of money
on "specialty" ground cover if it is not mandated at this
time.
Also since our community wifl not be funding a liability coverage
35 EXHIBIT 4