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HomeMy WebLinkAbout1995-06-19; Parks & Recreation Commission; 695-9; Spinnaker Hill Tot LotPARKS & RECREATION COMMISSION - AGENDA BILL AB# 695-9 MTG. 6/19/95 DEPT. CSD TITLE: SPINNAKER HILL TOT LOT REQUEST (ACTION) RECOMMENDED ACTION: Consider a citizen request to develop a neighborhood tot lot in the vicinity of Spinnaker Hill. If the Commission concurs with its development, staff recommends that it be done according to specifications approved by the Park Superintendent and at no cost to the City including but not limited to insurance requirements, development and/or maintenance costs. Further, if development is approved, that a yearly review be conducted by the City to evaluate the function and operation of the tot lot. Any continuing operation should remain at no cost to the City. Any removal of the tot lot should be the responsibility of applicant. ITEM EXPLANATION: Diane Brink has requested the City to revisit the issue of developing a small tot lot in the Spinnaker Hill neighborhood. The Commission will recall that this issue has a rather lengthy history and has been before the Commission on several occasions (Exhibit 3). However, because of new information, Diane Brink is requesting that the City once again consider allowing the development of the tot lot (Exhibit One). The most recent action regarding the Commission's recommendation to deny the proposal occurred during the September 19, 1994 Parks and Recreation Commission meeting (Exhibit 2). The Commission's action to deny was based on the following: • The applicant's reluctance to provide liability insurance. • Previous approval was based upon development and maintenance at no cost to the City. • If the City were to accept liability, development requirements and costs would exceed the expectations of the applicant, and the City would necessarily be required to maintain the facility in order to protect-itself against liability exposure. • The guidelines for park development as outlined in the Parks and Recreation Element pertaining to small neighborhood parks. • The planned development of Poinsettia Community Park. The recent solicitation from the applicant to approve the tot lot request is based upon the following new information as outlined in a memo to the Community Services Director from the Parks Superintendent (Exhibit 4). - 31 PAGE 2 OF AB#_ • The applicant will provide liability insurance, acceptable to the City, for a one (1) year period. • Volunteers would construct a scaled down version of the previously proposed tot lot under the supervision of a general contractor's license and meet all relevant development specifications of the City. • Applicant will insure maintenance of the facility to city standards. • After a one-year probationary period, review the use of the facility and consider the following. 1. The City adopting the tot lot and assuming maintenance and liability requirements. 2. Applicant continuing to provide for the maintenance and liability if the tot lot is to remain. 3. Disband the tot lot as a responsibility of the applicant. It is staffs' recommendation that when considering the development of recreation facilities in Carlsbad, that the Parks and Recreation Element of the General Plan be used as a guideline when determining needs, development standards, and location of recreation amenities. To that end, the Commission may wish to consider the following statements which appear in the Parks and Recreation Element. PARK INVENTORY INTRODUCTION . . . The pre-1982 Parks and Recreation Element emphasized more passive use concepts with the acquisition and development of smaller neighborhood, mini, and vest pocket parks . . . Carlsbad's present park development philosophy concentrates on providing larger community parks which incorporate a balance of both active and passive recreational amenities. The result has created a more realistic park program in terms of meeting the recreational needs of the residents, tourists, employees, the Growth Management requirements, and is more financially feasible from an operational and maintenance standpoint. The development of Mini and Vest Pocket parks is no longer pursued primarily because of the reduced use and the high cost of maintenance. Because these parks typically provide one or two recreational uses, they have been incorporated within the current Special Use Area park classification . . . ,.- 32 PAGE 3 OF AB# PARK DEVELOPMENT . . . C.8 Require, where possible, the individual developers of master planned communities to provide pocket parks and active recreational facilities unique to each development. Maintenance of pocket parks shall be accomplished through homeowners association dues. Pocket parks shall remain in private ownership. C.9 Require that any development of recreational facilities on public land by developers, service clubs, civic groups, individual donors or organizations shall be consistent with the standards/guidelines of this element. C.19 Develop a program to encourage developers to provide smaller, active recreation areas in developments including standard single family subdivisions where appropriate. These smaller recreation areas will be maintained by a homeowners' association or through a property owners' tax maintenance district unless the area is specifically designated as a public use area by the City. C.26 Develop a program that would assist communities within the City to acquire, develop and maintain private neighborhood parks. Private neighborhood parks could be financed through special assessment districts approved by voters within the area of benefit. In conclusion, Staff would also recommend that if the tot lot development is approved, that it be done so with the caveats as outlined in the August 5,1994 memo to Diane Brink (Exhibit 5) and subject to an annual review and evaluation. FISCAL IMPACT: With the exception of staff time, staffs' recommendation would require no development or operational costs. EXHIBITS: 1. Citizen Request 5/23/95 - Diane Brink 2. Summary Report and Minutes of the 9/19/94 PRC Meeting 3. PRC Agenda Bill No. 994-4 - Spinnaker Hill Tot Lot 4. Memo to Community Services Director - 5/24/95 5. Letter to Diane Brink - 8/5/94 33 o o To: Assistant City Manager, Frank Mannen Risk Manager-Erin Letsch Dave Bradstreet, Director of community Services. Councilwoman Ann Kulchin Doug Duncanson 5/23/95 The proposed Spinnaker Hills Tot-Lot for Batiquitos Road can now have it's own liability policy because of new funds acquired recently by the Spinnaker Hills Tot-Lot Fundraiser association. Because the City is already a legal entity we propose that It be named "The Insured" and we propose the liability policy to be $500,000- One million for the term of one year. We propose that our own volunteers construct the Tot-Lot under a general contractors license and in conjunction with any relevant specifications. (To be specified and agreed to at a later date). If_the Tot-lot does meet the titys' specifications and gets the necessary permits (encroachment and coastal), we propose a one year" trial or probationary" period. At one year the city and local residents will have a better perspective on the Tot-lot in this area. • Is it safe? • Is it "used" and enjoyed? • Is it a positive entity in the neighborhood? At the one year period the city and the Tot-lot association should again determine the options for the Tot-lots future. Possibilities include : The city adopting the Tot-lot Spinnaker residents raising more money for continuing insurance for the Tot-lot. Spinnaker residents deciding to disband the Tot-lot. New relevant aspects to consider regarding the Tot-lot are: 1. The equipment planned for the Tot-lot has been scaled down to only a swing set in the sand. (Also the possibility of a concrete pipe being donated, that could be half buried, for children to crawl through) -- 34 EXHIBIT 1 (J o 2) The decision to develop the Hospital Grove Tot-lot now sets the new precedent to at least alter the "Large Regional Parks Only" policy the city heretofore was reticent to change. In conclusion I would like to reiterate that the Tot-lot is a much need very positive plan for many residents who visit the Lagoon area. Even with the help and support from large concerns such as THE BLADE CITIZEN, RALPHS, THOMPSONS ROSE COMPANY and Braccato, Aviara, and Standard Pacific developers we realize that we need the help and partnership of our city behind us to do this project. I firmly believe if you will help us in our effort we can mutually agree on a good and safe plan for our Tot-lot. Thank-you!, Diane Brink-Tot-lot fundraiser initiator. cc May Claude "Bud" Lewis Don Conners-former president Spinnaker Hills Homeowners Mark Oberly-Former president Spinnaker Hill Homeowners 35 o o September 22, 1994 TO: MAYOR LEWIS MAYOR PROTEM STANTON CITY COUNCIL MEMBERS FROM: Community Services Director SUMMARY REPORT OF PARKS AND RECREATION COMMISSION MEETING 09/19/94 CONSENT CALENDAR: The following items were unanimously approved by the Commission (5-0) 1. AB #994-1 DIRECTOR'S REPORT - September 1994 2. AB #994-2 SUMMARY REPORT - July 19, 1994 3. AB #994-3 RECEIPT OF DONATION - The Commission recommended acceptance of donations totaling $11,412 by the City Council. PUBLIC HEARINGS: NONE DEPARTMENTAL REPORTS: 4. AB #994-4 SPINNAKER HILL TOT-LOT REQUEST - By an unanimous vote (5-0) the Commission did not approve further processing of a citizen request to develop a tot-lot in Spinnaker Hill for the following reasons: • The applicants hesitation to provide liability insurance for the facility. • That previous Commission approval was based upon the caveat that development and maintenance of the tot-lot would be at no cost to the City. • If the City were to accept liability for the tot-lot it would necessarily require the City to assure the development of the facility to its standards at a cost substantially beyond that which was estimated by the applicant. Additionally, it would require the City to maintain the facility in order to protect itself against liability exposure. This would be contrary to the Commissions original approval of the project at no expense to the City. 36 EXHIBIT 2 c o • In light of the park development guidelines as outlined in the Parks and Recreation Element of the General Plan relating to building larger park areas rather than small ones, the Commission did not want to set a precedent in having the City build and maintain this subject tot-lot. • The Commission also questioned the long term use of such a facility based on the phenomena of non-use of small park areas. • Phase I of the Poinsettia Community Park which will have two (2) tot-lots is scheduled to be completed in the next several years. 5. AB #994-5 CARRILLO RANCH ARTIFACT STORAGE REQUEST - By an unanimous vote (5-0), the Commission approved the purchase of a re-locatable trailer to be stored at the Public Safety and Service Center specifically to accommodate the Carrillo Ranch Artifact collection. Approval for funding from the Carrillo Ranch Trust Account was also unanimous. 6. AB #994-6 APPOINTMENT OF PRC REPRESENTATIVE TO THE COMMUNITY ACTIVITIES FUNDING PANEL - Commissioner Julie Baker was appointed to act as the Parks and Recreation Commission representative. Respectfully submitted, DAVID BRADSTREET Community Services Director c: City Manager Assistant City Manager Department Heads Arts Manager Planning, Bobbie Hoder 37 o o Minutes of: PARKS AND RECREATION COMMISSION^ \ •..,.'/,' -s ' / A : Time of Meeting: 5:00 P.M. Date of Meeting: September 19, 1994 Place of Meeting: City Council Chambers CALL TO ORDER Chairman Heineman called the Regular Meeting to order at 5:00 p.m. ROLL CALL Present: Chairman Heineman, Commissioners Cox, Holmes, Baker, and Pieratt Absent: Commissioners Ward and Schulberg Staff Members Present: David Bradstreet, Director, Community Services Department Keith Beverly, Senior Management Analyst Doug Duncanson, Park Superintendent ANNOUNCEMENTS .None. APPROVAL OF MINUTES ACTION: On motion by Commissioner Holmes, the Minutes of the Regular Meeting held July 18, 1994, were approved as written. AYES: Chairman Heineman, Commissioners Cox, Holmes, Baker, and •-=•—•*•> -Pieratt NOES: None ABSTAIN: None ABSENT: Commissioners Ward and Schulberg PRESENTATIONS None. ~ 38 c o Parks and Recreation Commission - 3 - September 19, 1994 DEPARTMENTAL REPORTS 4. AB J994-4 SPINNAKER HILL TOT-LOT REQUEST , Dave Bradstreet, Director, Community Services Department, presented the staff report on this item. He passed around photos of the area and explained the history of the request for the tot lot. He mentioned that the tot lot was previously approved by the Parks and Recreation Commission with the understanding that the City of Carlsbad would assume liability for the tot lot. He explained that the City Attorney's office recently stated that the City would not accept responsibility for the liability exposure for projects in which the City or its approved contractors do not construct and/or maintain, therefore requiring the applicant to sign a hold harmless agreement. Mr. Bradstreet also stated that the applicant, Diane Brink, requested a change of location. Mr. Bradstreet discussed the options as described in the Commissioners' packets. He also indicated that the applicant estimated the cost for the tot lot to be approximately $2,000 whereas the City's estimated cost was $11,500, and described how the funding might be obtained. Questions and discussion included the following issues: • Discussion of the 1982 Parks and Recreation Element and the City's current philosophy toward larger parks with active and passive recreational amenities. • Responsibility of the developers to provide smaller active recreational areas. • Liability could not be assumed by the City unless the City maintains the area and how this conflicted with the Commission's decision not to spend any money on the project. • Cost if built to City specifications. • Areas that the City currently maintains. • Lack of use of mini-parks vs. larger parks. • Size of the tot lot • Safety problems due to traffic in the immediate area. 39 o o Parks and Recreation Commission - 4 - September 19, 1994 Mrs. Diane Brink, 7208 Azaleas, Carlsbad, the applicant, spoke in favor of the tot lot. She indicated that she understood this was an exception to general policy and explained that the land was returned to the City. She stated that the Engineering Department recommended a different site towards the end of the street due to concern about noise by the residents in the immediate area. Mrs. Brink indicated that she had support by these residents and discussed the size of the tot lot. She explained that since there was no official homeowner's association, liability could not be assumed by anyone other than the City. Mrs. Brinks emphasized her concern for safety and explained that the tot lot was designed for tots rather than older children. She described the fence that would be placed to prevent children from running into the street and indicated that the children would always be supervised. Mrs. Brinks indicated that $2,000 was already donated, and since the residents in the area would be building the tot lot, she would be able to keep the cost down to that amount. Mrs. Brinks explained that the tot lot would be good for the community and discussed why, and indicated that the encroachment permit was being held up because of the liability permit. Questions and discussion included the following issues: • Concern about complying with ADA requirements. • Limited use due to lack of restrooms. • Reference to letter in packet from the Risk Manager to the Principal Engineer. • Concern that Mrs. Brinks and members of her group could not raise $11,000 to build the tot lot. • Funding options and setting of a precedent. ACTIONP-~On motion by Chairman Heineman, AB #994-4, to renew the Commission's opposition to the tot lot due to lack of financing for the project and the inability of the City or applicant to assume liability for the project. AYES: Chairman Heineman, Commissioners Cox, Holmes, Baker, and Pieratt NOES: None ABSTAIN: None ABSENT: Commissioners Ward and Schulberg 40 PARKS &QECREATION coMMissioD AGENDA BILL AB# 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 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 £. 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 O construct and/or maintain. g < 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. * O 1. That the City build, maintain and accept liability exposure for the facility. 41 EXHIBIT 3 PAGE2, 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 - - 42 • PAGE 3, AB # O O EXHTTHT: 1. Parks ajuLRecreation 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 u--^ ) </ .•.(,.•«-,-•••• 43m IAB* PARKS &^CREATION COMMISSIOQ AGENDA BILL ID TITLE; CITIZEN REQUEST FOR niTVTri rtDnurNrr oir 1EPT. P+R TITLE; CITIZEN REQUEST FOR DEVELOPMENT OF NEIGHBORHOOD PARK IN SOUTHWEST QUADRANT (ACTION) O 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 AJta 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 Facilities Fee funding. The current online facilities will exhaust available 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 eliminate or offset other projects currently outlined within the C.I.P. Budget. PAGE 2, AB # /-N f~\ After the explanation to Mrs. Brink, staff suggested that if shVwished to pursue her request for additional park development that she seek approval from the Pnrks and Recreation Commission. Subsequently, staff has received a written request (Exhibit 1) tor additional park development within the southwest quadrant. FISCAL IMPACT; None at this time. EXHIBITS; 1. Mrs. Diane Brink's letter, 7-12-91 *45 e 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) baring 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, Irs. Diane Brink 7206 Azalea Place Carlsbad, CA 92009 MINUTES Auguat 1*. nil PA>m mo MCMATIOH COMMISSIOH paae 3 COMMISSIONERS (Continued) Sine* no on* •!•• wlthed to apeak, the public testimony wae cloaed at JiJJ p.au The Parka and Recreation Coneltelon continued thle Item to th« September meeting (or etafl to tvipply more Information on why the Police cannot enforce the lawa. A copy of this agenda bill !• to be eent to Police Chief Valee. 10. Al <gat-IQ urouiiT roit THI oivtLofMtirr or *. I THK aoUTHWtST QUfcPBAIfT (ACTION) Keith leverly 7«»e the iteff report. Chairperson Melthon* opened the public fceetlaony at »i47 p.«.( and laiued the Inrltatlon to apeak. Olane Irlnk, 7JO« Atalea riace. etated «he had requeated • amall children'• park cloie to the Spinnaker Mill* area, •• there are wore children there at thl* tlM, and ahe fete there would be itrenq euppoct In the neighborhood foe thli park. She atated ihe wovld Ilk* a park ahe could walk to, aa they are 1.a •!!•• lro» the Alta Nlra Park. Mra. Irlnk atated that the natural areaa are too danqeroua foe the children to play there. welshone C««tner FLnnlla Kno« Laweon .Strayer ward Sine* no on* elie wlahed to apeak, we* cloaed at 3i54 p.a. the public taatUMny The Park* and Recreation Coonltalon denied the requeat to develop • aeuill neighbor hood park In the aouthweat quadrant. Uelahona Caatner rinnlla Kno* Lawaon Strayer Ward II.Al <l*l-li LA COaTA rOUTH OKOAmtATIOH MOOflT TO (ACTIOMI Ken Prlc* and Oouo Ouncaneon aav* the ataff report> elide* aatf • tranapareney ehowln« the deelqn of th« Pack. dialrporeon Helahont opened the public taatUony at till •.•., and l**u*4 th* Invitation to apeak. •cott Pleratt, Tiot Nantanlt* Street, repreaentlna la coeta Touth Oroanlsatlen a* Preeldent. atated there 1* no roe*) for th* kid* to play ball, and th* bat tin* eao* would allow the* to practice and allavlat* th* ahortao* of field*. H* aald their oraanltatlon would provide) th* fundlno, conatructlon and upkeep of th* battlno eaoe, and would fllv* th* atructur* to th* City, they would aak that they hav* flrat priority for th* bat tin*, cao* ua*. 47 PARKS &OLCREATION coMMissicrQCOMMISSIO AGENDA BILL TITLE: «TG. UEPT. (ft 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 wilHecall, Mrs. Brink made a request to the City some time ago to develop, at City cpsf^a 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 involved iirtne development of the neighborhood, pocket, small mini park or play ar««i.'1fc addition, iha commuilon noutf that iHift wart two community fUtrHi IH«» would have play areas incorporated in them, tpjgexleveloped in the southwest quadrant in thm n»ar fittnr* ~" " *• C^^BL PAGE 2, AB # 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. • . - ( n\r\ ft~V*~I Kt/b~T&"-• f •Conditional Use Permit fCTJPy. <^aZCJ^C$Y>rv (jAh/vtvju-T-I ^'yJ(J *"* 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 dairy 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. 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: 49 Q Dave Bradstreet Director, Park*-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 Hill 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 1s 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 H111 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 1s 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 ry^i o Carlsbad CA 92009 . , A 619 431-0194 --"- Attachment *' ^ '*" 501 PLAY AREA COMMITTEE Spinnaker H111 'ROPOSAL - Create a small play area within walking distance for small children accompanied by parents of Spinnaker Hill, Vista Padflca, and Broccato and funded by local residents. .OCAT.IOH - On the East side of Bataqultos Drive between Daisy Avenue and Poppy Lane. fundral.lno August 1993 - CompUt* project 51 BACKQOUND f*J No play area for small children with parents In Southwest Quadrant '~;~ Proposed SW Quadrant perk (Alta Mira) two years*, over one mile away and too far for small children to walk. Many neighborhood sites considered. Proposed site 1s available, well suited, within easy walking distance, easily monitored and well lighted No jsite _preparat1on . . Least adverse neighborhood impact . Most cost-effective Strong community support and participation Community Support citizen signatures Aviara/Hi Hman Properties Broccato/Odmark and The Ian Standard Pacific of San Diego Adjoining neighbors EQUIPMENT RECOMMENDED SELECTION 1 Moore * TC-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 $3682.51 Moore * 6022 Hillside Straight Slide (optional - see attached) $1662.00 2 - park-type benches $250.00 2 - safety. signs $75.00 Play art* committee would request equipment purchase through Carlsbad City sources 1f significant financial savings could be realized. Committee funds would be transferred to city for acquisition. FUND I NO 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 . 8^SAFETY A two foot high natural hedge (drought resistant) lining the sidewalk for approximately 60 feet 2 safety sT^na 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 runniing for 40-60 feet along the play area 54 0° SITE DESCRIPTION East s1d« of Bataqultos Drive, 200 feat south of Daisy Avenue Approximately 28 feet deep and 60 feet long feat from nearest residence with 30 feet vertlcle rise Sloping slightly to the south Well lighted all night by existing streetlight Prinking water source nearby. PREPARATION 3 large eucalyptus trees scheduled for demolition for Bataqultos Drive landscaping Utilize existing grade Trim remaining trees for safety and lighting enhancement Consider water fountain connection to existing pipe LANDSCAPING. Provide appropriate planting around site per Carlsbad Landscape Quldllne and Parks Department requirements Plant appropriate vegltatlon 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 8 ID NOV i o 1992 ,-~ MEMORANDUM , DECEIVED NOV 0 C 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 56 c: City Engineer 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 tot 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 jafety and intend for this area to also be a lovely and positive addition to our neighborhood. We feel we have practical and cost effect.: 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 57 *.^s RECEIVED) " OCT 271992 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 1 CAl. 1 0 C core. PAD to ic MCHQVCD TOT LOT KAtS J OC f> p RECEIVED August 2, 1994 TO: PRINCIPAL ENGINEER RICHARD ALLEN AUG 0 3 199*1 FROM: Risk Manager ENGINEERING ' 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 • 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 nVflintfltfH*!! on thfc Citv property at no cost to the Cftr (not withstanding the fact that in the event of an injury the, Citv will be sued regardless of who maintains and assumes liability for the tot lotl • 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 City property and the City 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 o Q Community Services Director August 4, 1994 TO:ASSOCIATE ENGINEER HOWARD FROM: Principal Civil Engineer SPINNAKER HXLLfl TOT LOT Attached is the response fro* the Risk Manager. 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 t-COTDBunity Services Director Assistant City Engineer 61 rrMni — i• • • • »fli. '. jt ^r^^ rnolr KOn o Toe Dave Bradstreet 8/30/94 Mar Dave. Thank-you again for meeting with us/«gardlng the Tot-tot 1 believe the fastest and cheapest wayno achieve our goal b to agree that the city wll adopt this tot-lot and maintain this tot-tot afjflt It is butt 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 chy 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 0666Z 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 Irtvteibte 50ft $125. Hedge plants to border fence 175. Signs 2 at 73.00 $150. Curbing material for sand enclosure and wheelchair access path $300. Misc. costs $150. $1997. I propose construction to start this December 1994 using manpower within our community working under a contra- ters licensee. The workers could sign KabSty waivers while they work. After talking to en ADA specialist (accessbMty expert) I belevw we could use send for the body of the playground area and use e path of regular " ground " up to the side of the swing set and to the side of the wood pistfoim for wheelchair access* It seems to me after talking with this spetiaftst that this area is a gray ares and there Is no use spending a lot of money on "specialty" ground cover If ft H not mandated at the) time. Also since our community wM not be fundng a Habifty coverage 62 O o May 24, 1995 TO: COMMUNITY SERVICES DIRECTOR FROM: Parks Superintendent SPINNAKER HILLS TOT LOT On May 23, 1995, Diane Brink and Don Conner met with City staff (Financial Manager, Community Services Director, Parks Superintendent and Risk Manager) to discuss the development status of the Spinnaker Hills tot lot. Ms. Brink stated the Spinnaker Hills Tot Lot Fund Raiser Association had acquired monies to pay for the development and one year's liability insurance for the tot lot. At the end of the one year period, the tot lot association proposes an evaluation of the facility with the following alternatives: 1. City adopt the tot lot 2. Spinnaker residents continue to raise funds for on going liability insurance 3. Tot lot be disbanded It was also made known that the Spinnaker Association desires to proceed with a scaled down version of a tot lot which would include one swing set. This swing set would include two swings. An additional piece of equipment, a large size portion of concrete pipe is also being considered for the play area. The residents group will install the tot lot area using volunteers and a local contractor. The actual play ground equipment would be installed by a manufacture representative. Several concerns regarding the tot lot were discussed by the participates at the meeting. These concerns were: — liability issues — maintenance responsibilities — inspection — maintenance agreement — length of time of association responsibility (1 year) — construction of project to City standards — Americans with Disabilities Act requirements — required permits — coastal and right-of-way 63 EXHIBIT 4 0 Page Two The liability issue is being researched by Risk Management. Ms. Brink provided staff with documentation of her ability to obtain the necessary insurance. Staff will explore the policy presented for its rating and quality and provide the necessary feedback. The Spinnaker tot lot group has agreed to provide the maintenance to the play area. To insure adequate maintenance is being carried out, City staff will be required to provide an inspection. This same procedure would be necessary for the new area. In addition, a written agreement on maintenance responsibilities should be developed and signed by representatives of both parties. Another issue discussed was the length of time of responsibility. The association has proposed a 1 year probationary period. At the end of 1 year their options are; 1) let it revert to City maintenance/responsibility, 2) continue Spinnaker residents insuring and maintaining tot lot, 3) abandoning of tot lot if not used regularly. Staff's feelings is this area should be maintained in perpetuity by the residents desiring its establishment. To abandon or eliminate this area after it was established would create a negative response from the public. The construction of this tot lot would be required to meet City standards. Items which would be addressed here are things such as size and depth of concrete border, type and depth of sand base, type of fencing required, landscaping needs and various technical aspects of the project. Another area addressed was the Americans with Disabilities Act requirements. Staff realized there are some grey areas in the law (as mentioned by Ms. Brink) but feels every effort to comply to the fullest extent should be done. Therefore, the City will require the Spinnaker group to install the necessary surfacing to the equipment provided. As with all projects it may be necessary to obtain permits for this improvement. The City has agreed to act as a co-sponsor in obtaining any permits required. A final step in getting this project off the ground is the approval of the design plans. The Spinnaker Homeowner group will be required to subrnifrfevised updated plans showing the work to be done. c: Financial Manager Risk Manager 64 o o City of Carlsbad Community Services Department May 24, 1995 Diane Brink 7206 Azalea Place Carlsbad CA 92009 Dear Ms. Brink, Thank you for meeting with us on May 23, 1995 to update us on the status of developing a tot lot in Spinnaker Hills. City staff will be preparing a report outlining the items discussed in the meeting. It has been determined that this item with all the updated information should go before the Parks and Recreation Commission. The Community Services Department will be sending you a copy of the report. The item is scheduled to be reviewed at the June 19, 1995 Commission meeting. c: Financial Manager Community Services Director\^ Risk Manager 65 PAX 434-7185 FROM :c PHONE NO. :,/~ 5/24/95 P01 SPINNAKER HILLS TOT-LOT The following residents of Spinnaker Hills live with-in 300 ft of the proposed Tot-lot and do not object to its presence. ff / V 3 QM f / / ^u 66 O JLX.-'/-/—', ~" <•"''•/ City of Carlsbad Office of the City Manager August 5, 1994 Diane Brink 7206 Azalea Place Carlsbad, CA 92009 Dear Diane, As you recall, on August 19, 1991, the Parks and Recreation Commission considered your request for the City to develop a small neighborhood park in the vicinity of Spinnaker Hills. For reasons relating to the City's current park development program, your request was not approved by a vote of 7-0. On Booombor 22, 1993, you again approached the Parks and Recreation Commission with a request to develop a neighborhood park in the same location. However, at that time you requested that a small tot-lot be developed on City right-of-way at no cost to the City. In your written proposal and subsequent presentation to the Commission you had indicated that the tot-lot would be developed, operated, and maintained through resources available to you and at no cost to the City. Pursuant to your presentation and after considerable questions and discussion of concerns, the Commission approved your request by a vote of 4-2 with one (1) abstention. Specifically, their action approved a citizens 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. In addition, a number of caveats accompanied their approval in order to insure quality control for the construction and maintenance of the facility. During the processing of the required encroachment permit agreement, we have learned that you have some concern and hesitation relative to accepting responsibility for liability of the tot-lot. In discussion with the City Attorney's office, if you or an appropriate organization such as a homeowners association do not accept responsibility, then the City must. If the City accepts responsibility, it does so at risk of significant cost which may arise as a result of potential claims against the City. This action would be in opposition to the conditions of approval placed upon the project by the Parks and Recreation Commission, that being, project development and operation at no cost to the City. As the City works with you on continuing the development process which will allow construction of the park, it is important to understand the conditions that have been placed upon the construction, operation, and maintenance of the tot-lot. _____ __ 67 EXHIBIT 5 1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 -(619) 434 The following issues may be included in the encroachment permit agreement, or will otherwise be required. 1. The applicant agrees to provide insurance coverage for the tot-lot in an amount and form acceptable to the City Risk Manager and City Attorney, naming the City as an additional insured. 2. The applicant constructs the tot-lot in a manner consistent with existing standards for parks and playgrounds within the City of Carlsbad. This will include a condition that the facility meet the requirements of the Americans with Disabilities Act (ADA). 3. The applicant provides an assurance that the property and equipment will be maintained in a manner that meets the City Community Services Department standards for play area maintenance and safety. 4. The applicant agrees to remove all improvements in the event that the tot-lot is not constructed, maintained, or insured as described, above. A bond covering the cost of removal may be required. 5. Prior to issuing the encroachment permit, the property owners within 300 feet of the proposed site should be notified by the applicant of the intent to construct the tot-lot. In addition to the encroachment permit, I understand that you are working on processing additional permit applications and environmental reports. We will do what we can to answer your questions and assist you as you move through the process. Please do not hesitate to call on City staff when we can be of assistance. Sincerely, FRANK MANNEN Assistant City Manager c: Financial Management Director City Attorney Community Services Director Park Superintendent Principal Civil Engineer - Allen Associate Engineer - Howard Senior Management Analyst - CSD Risk Manager 68