HomeMy WebLinkAbout1997-08-18; Parks & Recreation Commission; 897-5; Spinnaker Hill Tot LotAB#
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PARKS & RECREATION COMMISSION
897-5
8-18-97
CSD
TITLE : SPINNAKER HILL TOT
(ACTION)
-AGENDA BILL
LOT /ANNUAL REVIEW
RECOMMENDED ACTION :
Approve the continued operation of the Spinnaker Hill Tot Lot as supported and maintained by
the neighborhood residents. Direct staff to return to the Commission regarding this issue as
necessary.
ITEM EXPLANATION :
In July of 1996, residents of the Spinnaker Hill neighborhood addressed the Parks and
Recreation Commission and requested the City to adopt the Spinnaker Hill Tot Lot (Brian E.
Harpold Tot Lot of Spinnaker Hill). The Tot Lot currently exists as a result of neighborhood
efforts to construct the Tot Lot on City property with the approval of the City. City approval was
given with the understanding that the Tot Lot would be developed and maintained to City
standards and as approved by the Park Superintendent.
During the July 1996 meeting, the Commission unanimously recommended not to adopt the Tot
Lot. However, they did approve the continuation of the privately supported Tot Lot operation on
City property with the caveat that the applicant continued to assume responsibility for its
maintenance and operation including provisions for liability insurance.
According to the Park Superintendent, the maintenance and overall operation of the Tot Lot
including provisions for liability insurance are being maintained to appropriate standards and
therefore it is recommended that the Tot Lot continue to exist as long as those standards are
being met.
EXHIBITS:
1. Park and Recreation Commission AB# 796-4 and minutes
2. Insurance Renewal Application
41
PARKS & RECREATION COMMISSION - AGENDA BILL
MTG Q7JS-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 thp
- , - 24 -
42 EXHIBIT 1
• 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.
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43
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, 1995 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
... 23
44
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.
24
45
(Parks and Recreation Commission -3- July 15, 1996
ACTION: On motion by Commissioner Cox, Items AB #796-3, AB #796-4,
and AB #796-5 of the Consent Calendar tor July 15, 1996 were
approved.
AYES: Chairman Schulberg, Commissioners Baker, Cox, Pieratt,
Cunningham, and Richards
NOES: None
ABSTAIN: None
ABSENT: Commissioner Davidson
DEPARTMENTAL REPORTS
6. AB #796-6 SPINNAKER HILL TOT LOT/CITIZEN REQUEST
David Bradstreet, Director of Community Services, gave the staff presentation on this
Item. He described in detail the background, as contained in the Commissioners'
packets. He added that the applicant was requesting that the City adopt the tot lot
and allow the citizen's group to have a voice in decisions made concerning the tot lot.
Mr. Bradstreet outlined the options for the Commission.
Mrs. Diane Brink, 7206 Azalea Place, Carlsbad, distributed photographs of the tot lot,
and explained that the Brian E. Harpold Tot Lot of Spinnaker Hill was complete. She
• described the contents of the park and stated that it took 4 ft years to finish. Mrs.
Brink added that all necessary permits were obtained, and that the park complies
with all known ADA and City safety and building codes.
She mentioned that the goals, which included making the park safe, attractive, and
fun, were met and that the tot lot was well attended. She estimated that
approximately 60-90 children attended the park each week and described how the
children arrived at the park.
Mrs. Brink said that she received positive input from people who discovered the park
and was requesting the City to adopt the tot lot so that the long term liability would be
under City of Carlsbad jurisdiction. She added that if adopted, the citizen's group
wanted to continue an active role in the day-to-day maintenance of the park. Mrs.
Brink recommended that the Commission take one month to consider the matter and
invited the new commissioners to visit the site.
She clarified that the citizen's proposal was for an exception to the policy of regional
parks and described the uniqueness of the park, including the fact that it was on City
property, was part of the official cftywide trail system, was built to city safety and
building standards, met ADA standards, and was over one acre. She added that the
park was ready made and therefore there would be no cost to the City. Mrs. Brink
requested that it be considered under the special use area definition as listed in the
Park & Recreation Element under primary park classifications.
06
48
08/11/1996 16:57 bl9&331218 STARK PAGE 05
Parks and Recreation Commission -4- July 15. 1996
Questions and discussion included the following issues:
• Liability exposure for the City
• Maintenance responsibility for the park
• Beginning date of review period
• Future expansion of the main road near the park
Mrs. Shirley Harpold, 934 Begonia Court, Carlsbad, addressed the usage of the park.
She explained that small groups met at the park. She added that the homeowner's
association was not involved with the park. She mentioned that Channel 10 wanted
to honor Mrs. Brink for a leadership award for her role in getting the park buiit.
Questions and discussions included the following issue:
• Concerns about traffic and safety since the park was near a main road
Chairman Schulberg explained the four alternatives for the Commission to consider.
1. Recommend that the annual review period be based on the park opening in
the March or April time frame;
2. Recommend that the City adopt the tot lot as requested by the Citizen's group;
3. Recommend that the City not adopt the tot lot; or
4. Recommend that the applicant disband the tot lot.
Further discussion included the following issues:
• Possibility of holding off on making a decision until staff determines the
legal ramifications on the exposure of adopting the tot lot.
• Support of continuing the annual report process and going through the
entire cycle before making any decisions.
• Review of similar agreements.
ACTION: On motion by Commissioner Cox. Item AB #796-6, to adopt
Alternative 1 and continue with the Applicant assuming
responsibility and bringing the Item back before the Commission
in March 1997 for review, and that ail the conditions agreed upon
still remain in effect.
AYES: Chairman Schulberg, Commissioners Baker, Cox, Pieratt,
Cunningham, and Richards
NOES: None
ABSTAIN: None
ABSENT: Commissioner Davidson
47
City of Carlsbad
Risk Management
July 16, 1997
Ms. Belquis Sharif
Account Administrator
Robert F. Driver Associates
P. O. Box 6450
Newport Beach, CA 92658-6450
SPECIAL LIABILITY INSURANCE PROGRAM (SLIP)
Dear Ms. Sharif:
Please find enclosed the completed renewal application for the above referenced program per
your request of July 10, 1997.
If you have any questions, please call me at (760) 434-2807.
Sincerely,
ERIN K. LETSCH
Risk Manager
EKLjgj
Enclosures
library slip renewal app
48
120O Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (619) 434-2807 • FAX (619) 434-1987
PUBLIC ENTITY LIABILITY
PRIMARY PROGRAM
SPECIAL LIABILITY INSURANCE PROGRAM (SLIP)
RENEWAL APPLICATION - JULY 1,1997 TO JULY 1,
1. COMPLETE NAMED INSURED: __Cit>L£f. .Carjsbad,^.Carlsbad
Parking Authority , Carlsbad J5u i Id ing Authority 6 _________ _ .
Carlsbad Housing^ & Redevelopment jCommissjgn, consisting ______ __
of Carlsbad Redevelopment" Agency &^Ca7)sbadTTbusing Authority,gency
Carlsbad Water District
2. MAILING ADDRESS: City of Carlsbadisk Management1200 Carlsbad Vjllage Drive _ __ _ ~
Carlsbad, CA 92008
2\>. CONTACT NAME: __ Erin Letsch
3. PHONENUMBER: ( )(760) 434-2807 FAX NUMBER- ( )(760) 434-1987
4. DESCRIPTION OF OPERATIONS: _ Municipality
NON-l'ROflT ORGANIZATION; YES(X) NO( )
5. I-OK HACH PRF.WISKSOWNF.n/LtASEU PLEASE PROVIDE THE FOLLOWING:
See attached PEPIP"Property Schedule
• ADDRESS
« SQUARE FOOTAGE
• CONSTRIJCTIOK
• YEAR BUILT
• IF YOU ARE LEASING A BUILDING, PLEASE PROVIDE US WITH
A COPY OF THE INSURANCE SECTION OP YOUR LEASH
AGREEMENT.
(,. ATTACH riYTi (5) YEARLOSS HISTORY (if m^t^f^twhert prior tv joining SLIP cfler
See attached LOSS RUN Claims 1-1-92 to 3-25-97
• LIABILITY
• AUTOMOBILE
• PUBLIC OFFICIALS ERRORS & OMISSIONS' DIRECTORS &
OFFICERS. 881Q Ubrarians $1/281,162
8810 Clerical $9,800,4357. PAYROLL (BY WC CLASSV 7770 pn|jrP $^920,885
7706 Fire fighters $3,506,857
8 OPERATING BUDGET $864,500 94^0 Muni NOC $2,034,504
Muni NOC
49
J>LU> Application
Page 2
KamcdInsured: City of Carlsbad
ATTACHLISTOF AUTOMOBILES INCLUDING:
See attached Fleet Inventory
YEAR
MAKE
MODEL
USE
PLEASE NOTE THE FOLLOWING RULES AND REGULATIONS AS RESPECTS DRIVERS
AND PROVIDE US WITH YOUR UPDATED LIST 0? DRIVERS
• DO YOU HAVE ANY DRIVERS UNDER THfc AGE OF 21 TEAMS (>l -OY Yes
• DO YOU HAVE ANY DRIVERS WITH ANY MAJOR VIOLATIONS DURING
THE LAST3 YEARS? What is major?
t DO YOU HAVK ANY DRIVERS WITH 3 OR MORE MINOR VIOLATIONS
AND/OR ACCIDENTS DURING THB LAST 3 YEAKS? What is minor?
• DO YOU OBTAIN CURRENT MOTOR VEHICLE REPORTS PRIOR TO HIRING
NEW EMPLOYEES? Yes
» DO YOU HAVB A K Flit II AR PROGRAM TO MONITOR ACTIVITY? Yes
JO. NUMBER OF EMPLOYEES §10
11. NUMBER OF BOARD MEMBERS _5_ ELECTED OR APPOINTED Elected ._
12. ATTACH CURRENT COVERAOE INFORMATION FOR GENERAL LIABILITY.
AUTOMOBILE LIABILITY AND PUBLIC OFFICIALS ERRORS & OMISSIONS^ DIRECTORS & OFF!
• COMPANYNAMfi PARS AC• r.iMrrs $10,000,000.
• ANNUAL PREMIUM
• EFFECTIVE DATE
PLEASE RETURN THE COMPLETED APPLICATION
TO:
ROBERT F. DRIVER ASSOCIA 1 ES
P. O. BOX 6450
NEWPORT BEACH, CA
ANY QUESTIONS ~ PLEASE CALL GORDON B, DES COMBhS OK
BELQUIS SHARffk ACCOUNT ADMINISTRATOR
TELEPHONE: (800)82l-92$J
FAX: 1(7 14) 756-27 13
ASSOCIATES
ROBERT F. DRIVER ASSOCIATES
a Division of Robert F. Driver Co., Inc.
COMPLETE INSURANCE BOND SERVICE
March?, 1997 fyW 01997
Ms. Erin Letsch
Risk Manager
City of Carsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
RE: Special Liability Insurance Program (SLIP)
Policy No. 4796-4651
Dear Member:
We are very pleased to forward your Liability policy to you that is referenced above.
Thank you for your patience and understanding in the delay of your renewal.
Unfortunately, the insurance company we work with has experienced a backlog and we
were unable to receive your renewal prior to this time.
A current summary of coverage(s) provided under this policy that pertains to your
specific entity is also enclosed. Please take a moment to review the enclosed document
and the insurance summary and feel free to contact our office if you should have any
questions or concerns.
Sincerely,
ROBERT F. DRIVER ASSOCIATES
Belas Sharif
Account Administrator
BS/cg
Enclosures
4041 MACARTHUR BLVD., SUITE 300, P.O. BOX 6450, NEWPORT BEACH, CALIFORNIA 92658-6450
(714)756-0271 • FAX (714) 756-2713 • LIC.tt 0084379
ROBERT F. DRIVER ASSOCIATES
ASSOCIATES
a Division of Robert F. Driver Co., Inc.
INSURANCE SUMMARY
SPECIAL LIABILITY INSURANCE PROGRAM
NAMED INSURED:
POLICY PERIOD:
INSURANCE COMPANY:
POLICY NUMBER:
COVERAGE:
LIMIT:
Sub-Limits:
DEDUCTIBLE:
TERM PREMIUM:
SUBJECT TO AUDIT:
CLAIMS REPORTING:
BROKER:
City of Carlsbad
7/1/96 to 7/1/97
The Insurance Company of the State of Pennsylvania
4796-4651
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
X Non-Owned and Hired Auto
$1,000,000 Per Occurrence and
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 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
$1,000ded.
$600
No
Please contact Robert F. Driver to report claims. 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.
H:\U\JlftWORD\BS\SUMMARY\SLP-SUMDOC
4041 MACARTHUR BLVD., SUITE 300, P.O. BOX 6450. NEWPORT BEACH. CALIFORNIA 92658-6450
(714)756-0271 • FAX (714) 756-2713 • LIC.# 0084379 ^
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