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HomeMy WebLinkAbout1996-07-15; Parks & Recreation Commission; 796-6; Spinnaker HillPARKS & RECREATION COMMISSION - AGENDA BILL AB# 796-6 MTG 07-15-96 CSD TITLE: SPINNAKER HILL / CITIZEN REQUEST (ACTION) RECOMMENDED ACTION: Review previous Commission action related to the Spinnaker Hill tot lot development and consider a citizen's request to adopt the Brian E Harpold tot lot of Spinnaker Hill. ITEM EXPLANATION: The issue of a citizen's (Dianne Brink) request to establish a tot lot in the Spinnaker Hill neighborhood on City owned right of way has a rather lengthy history. To review this issue and previous Commission action, the following chronology of events is presented for the Commission's consideration. AUGUST 19. 1991- Mrs. Dianne Brink (applicant) requested the Parks and Recreation Commission consider and approve a proposal that the City develop a small tot lot in the vicinity of the Spinnaker Hill neighborhood. Commission Action - For reasons related to the City's current park development program and development philosophy as outlined in the Parks and Recreation Element of the General Plan, the request was denied 7-0. FEBRUARY 22. 1993 - The applicant requested the Parks and Recreation Commission again consider and approve the development of a tot lot in the Spinnaker Hill neighborhood. However, in a written submittal, the applicant proposed that the tot lot be developed, operated and maintained through private resources and at no cost to the City. Commission Action - After considerable questions and discussion of concerns, the Commission approved (4-2-1) the request to develop, operate and maintain on City property, at no cost to the City, a tot lot which will be open to the general public, subject to obtaining the appropriate permits. In addition, a number of caveats accompanied the Commission 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. SEPTEMBER 19. 1994 - As a result of the applicants requirement to secure liability insurance in order to construct the tot lot and provide for its ongoing operation, the applicant addressed the Commission expressing a hesitancy relative to providing the required insurance policy. Commission Action - By a 5-0 vote, the Commission recommended to renew their opposition to the tot lot development due to lack of financing for the project and the inability of the City or applicant to assume liability for the project. As further outlined in ^ the Parks and Recreation Commission's Summary Report, the 5-0 denial was based upon the following: • The applicant's hesitation to provide liability insurance for the facility. , 24 • 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 cost to the City. • 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. JUNE 19. 1995 - The applicant requested the Commission approve the tot lot development based upon the following new information: • The applicant would 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 contractors license and meet all relevant specifications of the City. • Applicant would insure maintenance of the facility to City standards. • After a one year probationary period, the applicant requested that the Commission 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. Commission Action - By a vote of 4-2, the Commission recommended to approve the construction of the tot lot with the understanding that it will meet all the caveats proposed by the Community Services Department and that this is to be confirmed by written agreement by the City of Carlsbad and a group representing the tot lot which will specify, among other things, that if there is no usage of the tot lot or there is failure to raise funds for liability insurance or if there is poor maintenance, it will be disbanded by the proponents, to be reviewed on an annual basis at the time of the renewal of the liability insurance. FEBRUARY 5. 1996 - The Commission requested and received an informational update regarding the status of the Spinnaker Hill tot lot development. The Commission was informed that the applicant was awaiting appropriate approvals and development would commence when approvals are obtained. Staff was directed to return to the Commission for an annual review, once the tot lot has been completed. APRIL / MAY 1996 - The Spinnaker Hill tot lot completed development and a dedication ceremony for the Brian E Harpold tot lot of Spinnaker Hill was held May 11, 1996. - 22 JUNE 21. 1996 - Staff received a memo from the Risk Manager (exhibit 2) regarding the liability insurance policy required as a condition for development of the tot lot. Initial insurance has been provided from February 16, 1996 through July 1, 1996. Representatives for the tot lot development have received notification for policy renewal for the term July 1, 1996 to July 1, 1997. JUNE 24. 1996 - In a letter to Mayor Lewis (exhibit 1), Dianne Brink and Shirley Harpold attached a proposal requesting the City of Carlsbad adopt the Brian E Harpold tot lot at the July 15, 1996 Parks and Recreation Commission meeting. More specifically, the proposal requests: 1. That the City adopt the tot lot so that the long term liability can come under the City's jurisdiction, thereby providing coverage at a more reasonable group rate. 2. If the tot lot is adopted by the City, that the major structures of the park be retained, i.e. redwood swing set and fencing, that the group would have a voice in decisions to add or remove play equipment and that the current park name be retained. 3. The group plans to continue to maintain the park in the highest standards, monitoring for safety, attractiveness, use and compliance to City codes. STAFF ANALYSIS: Throughout the years of review of this issue, staff has consistently maintained that the City's current park development philosophy as specifically outlined in the Parks and Recreation Element of the General Plan states "Development of mini and vest pocket parks is no longer pursued primarily because of the reduced use and the high cost of maintenance." However, provisions to provide for small neighborhood recreation areas are addressed in the Element under Implementing Policies and Action Programs for Park Development; they are: C.8 Require, when 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 feels that the Commission has acted responsibly and within the context of the Parks and Recreation Element of the General Plan while attempting to OQCO address the request of the applicant. Although the Commission has approved the development of a tot lot on City owned right of way, approval was granted with several caveats and / or conditions. Staff recommends that the Commission consider previous conditions associated with the approval of the tot lot development prior to taking any further action. ALTERNATIVES: 1. Continue the annual review period based upon completion date of the tot lot development (May 1996 through May 1997). - Applicant continues to provide maintenance and liability requirements. 2. City adopt the Brian E Harpold tot lot and assume ongoing maintenance and liability requirements. 3. City not adopt the Brian E Harpold tot lot, applicant continues to provide maintenance and liability requirements if tot lot is to remain. 4. Disband the tot lot as a requirement of the applicant. EXHIBITS: 1. Letter to Mayor Lewis from Brink / Harpold - June 24, 1996. 2. Memo from Risk Manager re: insurance policy renewal notification - June 21, 1996. REFERRED TO CITY MANAGER f OR RESPONSE Dale: June 24, 1996 Mayor Bud Lewis Carlsbad City Counsel 1200 Carlsbad Village Drive Carlsbad, CA 92009 Dear Mayor Lewis, We are planning to present the attached proposal asking the City of Carlsbad to adopt the Brian E. Harpold Tot Lot at the July 15, 1996 Park Commission meeting. If there is any way you could help us, e. g. offering your advice or comments, we would very much appreciate it. Sincerely, Diane Brink 431 5442 Shirley Harpold 431 7133 Enclosure: Brian E. Harpold Tot Lot proposal 25-EXHIBIT 1 Proposal for Tot Lot of Spinnaker Hill June 23, 1996 One year ago this month, this Commission gave me the go ahead to construct a tot lot on Batiquitos Drive near Spinnaker Hill in Carlsbad. I'm pleased to say that the tot lot, now called the Brian E. Harpold Tot Lot of Spinnaker Hill (in honor of a young man who died in Spinnaker Hill 3 years ago) is now complete having complied with all known ADA and City safety codes. <°It was our intentionjlmake this park safe, attractive and fun and I believe we have achieved all of these goals. One of the concerns of the commission was attendance at the park. We are happy to report that the tot lot is very well attended by both local residents and visitors to the Batiquitos Lagoon. Our best estimates on numbers of visitors is 60 to 90 per week. We have a one million dollar liability policy currently in effect on the park, all necessary permits are in place and the City of Carlsbad engineers have approved the location. This park, which has taken four and one-half years to complete, at a cost of approximately $3,000.00 in donations, is well maintained and is great fun for the children and parents who use it. Here is what I would like to ask of the Commission: 1) To adopt our little tot lot so that the long term liability of the park can come under the City of Carlsbad jurisdiction, thereby providing the necessary coverage at a much more reasonable group rate and with the provider of your choice. 2) If the tot lot is adopted by the City, we would like to partner with you in the future of this park; a) We wish the major structures of the park be retained, i. e. the redwood swingsct and redwood fencing. 26 b) We would like a voice in decisions to add or remove play equipment. c) We want to retain the current park name. We plan to continue to maintain the park in the highest standards, constantly monitoring for safety, attractiveness, use and compliance to city codes. In exchange, we gift the city with a "Ready-Made" park in close proximity to the Batiquitos Lagoon area and on a well traveled path. We propose that the commission take one month to consider this matter. In the meantime we invite the commission to visit the tot lot, share your evaluations, and consider helping us. Our goal is a long and successful future for the tot lot with emphasis on the children and residents of the community for many years to come. Submitted Diane Brink, Founder 431 5442 Shirley Harpold 431 7133 27 June 21, 1996 TO: PARKS SUPERINTENDENT FROM: Risk Manager ^2- SPINNAKER HILLS TOT LOT Please find attached a summary of the insurance provided to the City for the dates February 16, 1996 to July 1, 1996. On June 17, 1996,1 received the attached invoice for the renewal of the policy for the policy term July 1, 1996 to July 1, 1997. The invoice was addressed to Shirley Harpold, who apparently worked with the Robert Driver Company to obtain the coverage. I have left a message for Mrs. Brink regarding this matter and I have Fax'd a copy of the invoice to both Mrs. Harpold and Mrs. Brink. Please let me know if you need any additional information. 28 EXHIBIT 2 ROBERT F. DRIVER ASSOCIATES ASSOCIATES a Division of Robert F. Driver Co., Inc. INSURANCE SUMMARY SPECIAL LIABILITY INSURANCE PROGRAM NAMED INSURED: EFFECTIVE DATE: INSURANCE COMPANY: POLICY NUMBER: COVERAGE: LIMIT: Sub-Limits: DEDUCTIBLE: TERM PREMIUM: SUBJECT TO AUDIT: CLAIMS REPORTING: BROKER: City of Carlsbad 2/16/96 to 7/1/96 The Insurance Company of the State of Pennsylvania 4795-4154 Manuscript Public Entity Form on an Occurrence Basis. Coverage included for: X Bodily Injury X Property Damage X Personal Injury Automobile Liability Directors and Officers Errors and Omissions Non-Owned and Hired Auto $1,000,000 Per Occurrence Annual Aggregate only for Products/Completed Operations and Directors and Officers Liability. (separately). There is no General Aggregate. $1,000,000 Per Accident for Uninsured Motorist (applicable if $2,000,000 auto liability coverage X'd above). Per Occurrence and Annual Aggregate for Employment Practices with $10,000 Deductible • Limit is exhausted by Indemnity and Defense Cost • Limits apply to each entity in the program $1,OOODed. $223 No Program and Deductible loss adjustment will be provided by Carl Warren and Company. ROBERT F. DRIVER ASSOCIATES, NEWPORT BEACH, CA GORDON B. DesCOMBES, VICE PRESIDENT BELQUIS SHARIF, ACCOUNT ADMINISTRATOR PLEASE SEE SPECIFIC POLICY FOR COMPLETE TERMS, CONDITIONS AND EXCLUSIONS. HIKCHSTKEET. SI'in: 2.K>. \£\VPORT nfc\\?H. CALIFORNIA V2660-26I9 < 7I4>756-027I • r',\\(7l-ll 756-271.1 ASSOCIATES ROBERT F. DRIVER ASSOCIATES • COMPLETE INSURANCE/BOND SERVICE • a Division of Robert F. Driver Co.. Inc.§rinw7[ JUM 1 7 1996 \ CITY OF CARLSBADURISK MANAGEMENT r June 14, 1996 Shirley Harpold City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008-1989 RE: Special Liability Insurance Program July 1, 1996, Renewal Dear Member: We are pleased to enclose our renewal invoices for the captioned program. As noted in our original proposal, the SLIP rate is guaranteed for three years. The renewal premium has only changed if your entity's exposures changed "significantly" from last year. All coverage, terms and conditions remain unchanged from the current policy. The SLIP Program continues to grow with over 130 members as of this writing. The Program premium has almost doubled since inception less than a year ago and losses, so far, have been kept to a minimum. You will receive a renewal endorsement or binder, extending the current policy an additional year, prior to July 1, 1996. Renewal Certificates of Insurance will be sent after receipt of the renewal premium. Thank you for your continued support of the Program. Please call with any questions. Sincerely, ROBERT F. DRIVER ASSOCIATES Gordon B. DesCombes Vice President }h$t> BIRCH STREET. SUITE 2<0. NEWPORT REACH. CALIFORNIA IABS\WORD\SL1P(LVWL\96REN1-LTR I 7l-f) 75f>-(>271 • F-\X<7l-t)75f>-27l< UD" DATE June 14, 1996 INVOICE #96-6164-03 INVOICE SPECIAL LIABILITY INSURANCE PROGRAM (SLIP) Policy Term: July 1,1996 to July 1, 1997 City of Carlsbad COVERAGE DESCRIPTION General Liability: Errors and Omissions: Directors' and Officers' Liability: Auto Liability: Excess Liability: -tTOTAU^^^sr^ ANNUAL PREMIUM:,!?™11^ "$600 PREMIUM IS DUE AND PAYABLE UPON RECEIPT PLEASE REMIT PAYMENT TO: ROBERT F. DRIVER CO., INC. P.O. BOX 6450 NEWPORT BEACH, CA 92658-6450 H \U\BS\WORO\SPECIAU9697 INV Prepared by: Robert F. Driver Associates 31