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HomeMy WebLinkAbout2006-05-15; Parks & Recreation Commission; 506-3; Include Spinnaker Hill Tot Lot City Park InventoryPARKS & RECREATION COMMISSION - AGENDA BILL AB# 506-3 MTG. DATE: 5/15/06 STAFF: Lancaster TITLE: REQUEST TO INCLUDE THE SPINNAKER HILL (BRIAN E. HARPOLD) TOT LOT WITHIN THE CITY'S PARK INVENTORY AND INSURANCE D INFO [El ACTION RECOMMENDED ACTION: Review previous Parks and Recreation Commission action regarding the Spinnaker Hill (Brian E. Harpold) Tot Lot and deny a citizen's (Diane Brink's) request to include the facility within the City's park inventory and liability insurance coverage. ITEM EXPLANATION: On July 25,1996, with the Parks and Recreation Commission's consent, the City entered into a Conditional Agreement with the Spinnaker Hills Citizen's Group (Diane Brink) for the "Installation and Maintenance of a Tot Lot on City of Carlsbad Open Space/Right of Way...". The location of the subject open space/right of way is on the east side of Batiquitos Drive, approximately 100 yards south of Poppy Lane. A copy of the agreement, the site maps, and the applicable permits, are attached for the Commission's review. Also attached for review, are copies of the relevant historical documents (Applicant Letters, Interoffice Memorandums, and Parks and Recreation Commission Agenda Bills) from the five-year period leading to the Agreement's acceptance. The Conditions of the Agreement are as follows: 1. The tot lot development shall be installed and maintained at no cost to the City. 2. The tot lot development shall conform to all local, state, and/or federal laws and shall be subject to all appropriate permitting requirements. 3. The applicant agrees to provide insurance coverage for the tot lot in an amount and form acceptable to the City's Risk Manager. 4. The applicant constructs the tot lot in a manner consistent with the existing standards for parks and playgrounds within the City of Carlsbad, meeting with the approval of the Parks Superintendent. This will include a condition that the facility meet the requirements of the Americans with Disabilities Act. 5. The applicant shall cause the property and equipment to be maintained in a manner that meets the City's Community Services Department standards for play area maintenance and safety requirements at all times. 6. The applicant agrees to remove all improvements in the event that the tot lot is not constructed, maintained, or insured as described above. 7. Continued operation of the tot lot shall be subject to annual review of the Parks and Recreation Commission based upon, but not limited to factors such as use or lack thereof, incident reports, safety concerns, attractive nuisance issues, vandalism, neighborhood complaints, permit violations, etc. 8. Decision to remove the tot lot for any reason as described above shall not be grievable. One of the reasons for Ms. Brink requesting the construction of the Spinnaker Hill Tot Lot was that the closest parks were 12-15 minutes away from her development by car. This information was conveyed by Ms. Brink in a dated July 17, 1991. Since that date, both Poinsettia Community Park and Aviara Community Park have been constructed within the vicinity of the Spinnaker Hill development. Tot lots are now present and available for use in each of these Community Parks, and within a drive of considerably less than 12-15 minutes. AB3506-4 Page 2 The Spinnaker Hill Tot Lot has never been officially recognized as a City facility, nor has it been added to the City's park inventory. As indicated in prior Agenda Bills, the incorporation of such a site has been determined to be inconsistent with City's Park Development philosophy. Specifically, the Parks and Recreation Element of the City's General Plan states that the "development of mini and vest pocket parks is no longer pursued primarily because of the reduced use and the high cost of maintenance". The Element for Implementing Policies and Action Programs for Park Development does include provisions for the establishment of small neighborhood recreation areas, however, these areas are typically to be privately owned and funded. In addition, this section states 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". These provisions are what predicated the Conditions of Approval on the Agreement for the Spinnaker Hills Tot Lot. Condition No. 1 stipulates that "The tot lot shall be installed and maintained at no cost to the City". Condition No. 3 of the Agreement states that "The applicant agrees to provide insurance for the tot lot in an amount and form acceptable to the City's Risk Manager". Since the acceptance of this Agreement, the supplemental insurance policy on the site has been allowed to lapse by the applicant on several occasions. After notification from the City on each of these occasions (letters attached), the applicant did renew the policy to resume appropriate coverage. However, during these lapses in coverage, the City assumed the full risk of liability for the site. On April 14, 2006, Parks Maintenance staff sent a letter to Ms. Brink notifying her of a current lapse in the required supplemental insurance policy. Upon receipt of the letter, Ms. Brink telephoned and informed staff that, after multiple contacts with various insurance carriers, she was no longer able to obtain coverage for the Spinnaker Hill Tot Lot. She then indicated that she wished to address the Parks and Recreation Commission directly in order to request its consideration of accepting the tot lot as a part of the City's Park inventory, thereby including it within the City's blanket insurance protection. She was advised of the need to submit a letter to the Commission, explaining her proposal. Such a letter was received from Ms. Brink by the Recreation staff on May 3, 2006. Once Parks Maintenance staff confirmed that the Spinnaker Hill Tot Lot was not in compliance with Condition No. 3 of the Agreement, a Certified Playground Equipment Inspector was instructed to review the site for compliance with other conditions of the Agreement. It was subsequently determined that the site was also not in compliance with Condition No. 4, "....that the facility meet the requirements of the Americans with Disabilities Act". The site is lacking a paved surface from the City sidewalk to the tot lot, as well as a resilient surface into the tot lot itself. Additionally, the site is not in compliance with Condition No. 5, "The applicant shall cause the property and equipment to be maintained in a manner that meets the City's Community Services Department standards for play area maintenance and safety requirements at all times. The swing set does not meet the City's standards due to the out-dated design of its support posts, inadequate fall zones/clearances, and mixed seats/hardware. The plastic playhouse is considered appropriate for private backyard use, but would not be an acceptable structure at a City facility. Lastly, the large concrete lady bug constitutes a potential trip hazard due to its placement in the middle of the sand area. AB#S06-4 Page 3 Based on the these findings, the Commission could further consider mandating that Ms. Brink address all non-compliant items related to the tot lot within a reasonable period, or face invocation of Condition No. 6, "The applicant agrees to remove all improvements in the event that the tot lot is not constructed, maintained, or insured as described above." EXHIBITS: 1. Letter from Diane Brink to Parks and Recreation Commission, Dated 4/26/06 2. Spinnaker Hill Tot Lot Installation and Maintenance Agreement, Dated 7/24/96 3. Spinnaker Hill Tot Lot Vicinity Maps and Site Drawing 4. Coastal Commission Administrative Permit for the Construction of a Tot Lot, Dated 8/21/95 5. City of Carlsbad General Plan - Parks and Recreation Element, Dated 7/15/96 6. Insurance Request Letters/Memo Dated 4/16/06,1/12/04, 1/30/03,9/7/00, & 11/5/98 7. Parks and Recreation Commission Agenda Bill Nos. 796-6, 695-9, 994-4, 293-5, & 891-10 8. Memo from Parks Superintendent to Community Services Director, Dated 5/24/95 9. Letter from Parks Superintendent to Diane Brink, Dated 5/24/95 10. Letter from Diane Brink to Assistant City Manager, et al., Dated 5/23/95 11. Letter from Diane Brink to Community Services Director, Dated 8/30/94 12. Letter from Assistant City Manager to Diane Brink, Dated 8/5/94 13. Letter from Community Services Director to Diane Brink, Dated 2/25/93 7607206917 C,.y of Carlsbad/Clerk 101208am 05-05-2006 2/2 Parks and Recreation Department Commissioners RECEIVED Carlsbad, California 4/26/06 MAY 0 3 2006 Dear Commissioner, Per ............. Ten years ago the "Brian Harpold Tot Lot of Spinnaker Hill" was built. Thanks to the City of Carlsbad who allowed the park on its' open space property, Aviara, who used their equipment to dig a sand pit and place large boulders they donated, and the Batiquitous Lagoon who gave us (newly dredged) sand. My inspiration for the small park was that there was no park with-in walking distance and my daughter, Christy-Lee, who very much wanted "to swing". My goal for the park was a safe, attractive play area for surrounding residents to bring their children. The park is well attended by fathers, mothers, grandparents, nannys and their small children, babies, strollers, pets, etc. Fortunately, there have been no accidents at the park in the parks history. Every year there is a fund raising event for insurance and maintenance on the park. The event is supported by many residents of the surrounding Aviara neighborhood, and there are many supportive comments on the popularity of the park. To better administrate the park I propose that: • The city place the park under its' own umbrella insurance policy. The Tot-Lot has been under the same "Special Liability Insurance Program" but seperate from the cities policy. • Recognize the Tot-Lot as an official park listed in the various community booklets. ( The Tot-Lot is 1 .05 acres, and has an ocean view from the wooded slope of its' property). • I would like to continue to administrate the Tot-Lot, minus the insurance concern, raise funds when needed to further benefit the park, watch over the park and attends to its' needs. In May, I would like to attend a Parks and Recreation meeting so that we could review the Tot-Lots' signifigance and plan for its' future. I invite each of you to stop by the Tot-Lot, (just south of Poppy on Batiquitous) for yourselves, be sure to get out and walk through the play area. Thank You Again for allowing the Tot-Lot to be built, PS, Please look for die brand new addition to the Tot-Lot, a large ladybug, named "Carl" and of course, CariVBAD. Diane Brink 7206 Ante* PI Cartsbtd, CA 92011-4802 EXHIBIT 1 !7 AGREEMENT FOR INSTALLATION AND MAINTENANCE OF TOT LOT ON CITY OF CARLSBAD OPEN SPACE /RIGHT OF WAY BETWEEN CITY OF CARLSBAD AND SPINNAKER HILLS CITIZENS GROUP (DIANE BRINK) This Agreement shall serve to memorialize relevant issues of concern and confirm expectations for the satisfactory resolution of those concerns as they relate to a citizens request to install a tot lot in the vicinity of Spinnaker Hill within a City owned right-of-way/open space immediately adjacent to Batiquitos Drive. The Community Services Department shall authorize the development of a small childrens' tot lot on a specific portion of city right-of-way/open space in the Spinnaker Hill neighborhood if the following conditions are met prior to development and/or continue throughout the life span of tot lot operation. 1. The tot lot development shall be installed and maintained at no cost to the City. 2. The tot lot development shall conform to all local, state, and/or federal laws and shall be subject to all appropriate permitting requirements. 3. The applicant agrees to provide insurance coverage for the tot lot in an amount and form acceptable to the City's Risk Manager. 4. The applicant constructs the tot lot in a manner consistent with existing standards for parks and playgrounds within the City of Carlsbad, meeting with the approval of the Park Superintendent. This will include a condition that the facility meet the requirements of the Americans with Disabilities Act. 5. The applicant shall cause the property and equipment to be maintained in a manner that meets the City's Community Services Department standards for play area maintenance and safety requirements at all times. I p. EXHIBIT 2 6. The applicant agrees to remove all improvements in the event that the tot lot is not constructed, maintained, or insured as described above. 7. Continued operation of the tot lot shall be subject to annual review of the Parks and Recreation Commission based upon, but not limited to such factors as use or lack thereof, incident reports, safety concerns, attractive nuisance issues, vandalism, neighborhood complaints, permit violations, etc. 8. Decision to remove the tot lot for any reason as described above shall not be grievable. DIANE BRINK DAVID BRADSTREET Applicant Community Services Director City of Carlsbad C:\WP6aWPDATA\AGREEMTS\SPNAKKER.HIL July 12,1996 2. i ne lot lot development sh«n be installed arid maintained at no cost to tne City. Trw tot lot development shall conform to all focal. *at«. and/or federal lew* and shall be subject to all appropriate permitting Th» applicant agrees to provide insurance coverage equiremants for the tot M in en amount and form acceptable to the City's Risk Menagt r Tne applicant eonetrueta the tot lot in a manner con (latent with standards for parka and playground* within the City c with the approval of the Park Superintendent condition that the facility meet the requirements of DiMbilitia* Act. The applicant snail cause the property and «quipmen1 NUMBER OF PAGES SENT (INCLUDING THIS PAGE}. firinL DEPT: COWANYi -LOT DEPT: CXDNTACT PHONE #(81«J. Carltbed, his will include a he Africans with to be maintained in FROM :PHOfC NO. : 6. Ttie applicant agrees to remove all improvements in U e event that the tot lot is not constructed, maintained, or insured as dascri «ri above Continued operation of the tot lot shall be subject to i nnusl review of the7 Parks and Recreation CommiMion based upon, but 4 not limited to such isues, vandalism, factor* as participation and public support or lad}t thereof, incident reports, safety concerns, attractive nuisance neighborhood complaints, parmlt violations, etc B. Any decision to remove the tot lot for any reason as d« icnbed above shall meet the following procedures a) The tot lot committee shall be notified verbeMjj and appraiaed of concerns or problems with the tot lot. b) The tot lot committee shall receive written notifie ition of the problem or concern and instructions on specifics of the pro »r resolution c) The tot lot committee shall not have responded < r acknowledged the problem/concern and has not taken action to resole it. d) The tot lot committee shall receive a notification o and remove the tot lot. intention to disband "JL-I5-9C m i-:23 .,?. 2 SSSS-3»s4ssCITY OF CARLSBAD AND to re)evan|of and a City owned This A0n»emen( •hall confirm expectation, fer <*. ..Wactery resolution of thoee concer, oitizena request to in**! a tot tot ,n the vtefnity of Sp/nna^r H«, nehtof^ay/top^, ^aoi, immedi«*y adj«*nt to B*t«ju«M Drive. The Community Services Department shall authorize U* ch«d*n.- tot lot on . specific portion of city right-of-way/open spf* in the Spinnaker H«l neighborhood * tfte foWowlng condftwns are continue throughout the life span of tot tot operation p0i -IIV13Q EXHIBIT3 po£01 Si cczz — ro o poppy LM< o mc 00 a 70 tl STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 93108-1725 (619) 521-8036 Permit Application Date Page No. _ 1 of 3 6-95-118/EL August 21. 1995 ADMINISTRATIVE PERMIT APPLICANT: Diane Marie Brink/City of Carlsbad PROJECT DESCRIPTION: Construction of tot lot, including importation of approximately 10 cu.yds. of sand to create play surface and installation of swing set on 1,500 sq.ft. portion of approximately one acre City-owned open-space lot. PROJECT LOCATION: East side of Batiquitos Drive, south of Poppy Lane, Carlsbad, San Diego County. APN 214-390-33 EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, are discussed on subsequent pages. NOTE: The Commission's Regulations provide that this permit shall be reported to the Commission at its next meeting. If one-third or more of the appointed membership of the Commission so request, a permit will not be issued for this permit application. Instead, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: DATE and TIME: September 14, 1995 9:00 a.m. Thursday LOCATION: Eureka Inn 7th and F Streets Eureka, Ca IMPORTANT - Before you may proceed with development, the following must occur: For this permit to become effective you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgment and evidence of compliance with all special conditions, we will send you an authorization to proceed with development. BEFORE YOU CAN OBTAIN ANY LOCAL PERMITS AND PROCEED HITH DEVELOPMENT. YOU MUST HAVE RECEIVED BOTH YOUR ADMINISTRATIVE PERMIT AND THE PERMIT AUTHORIZATION FROM THIS OFFICE. PETER DOUGLAS Executive Director By: EXHIBIT 4 6-95-118 Page 2 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgement. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. EXECUTIVE DIRECTOR'S DETERMINATION (continued): Pursuant to Public Resources Code Section 30624, the Executive Director hereby determines that the proposed development, subject to Standard and Special Conditions as attached, is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3, and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. Any development located between the nearest public road and the sea is in conformity with the public access and public recreation policies of Chapter 3. The applicants propose construction of a small tot lot on a 1,500 sq.ft. portion of an approximately one-acre open space parcel associated with a past residential subdivision, Spinnaker Hills, which is believed to predate the Coastal Commission. The existing, vacant parcel is a steeply sloping, wooded site, with a small, cleared, level area adjacent to Batiquitos Drive. The applicants propose to import sand, spread it on that level area and install a 6-95-118 Page 3 swing set. The tot lot is intended primarily for use by residents of the area, but the small park site is open to the general public as well. The site is located on the east side of 1-5, about a quarter of a mile inland from the north shore of Batiquitos Lagoon. It would, however, technically be between the first coastal road and the sea, since Batiquitos Drive is not a through street. The proposed development will not adversely impact access to the lagoon trail system, nor will it significantly modify traffic or parking patterns in the general vicinity. There will also be no significant construction impacts, as the project is only expected to take approximately one week to complete. The site is immediately adjacent to Batiquitos Drive, a main access route to the lagoon trail system. However, the project is not expected to adversely impact visual amenities in the area, due to its small size and surrounding hilly topography and residential development. Moreover, it will provide a new public recreational amenity. The proposed development is consistent with the R-l-7,500 residential zone as an accessory use, and complies with the Open Space designation in the certified Mello II LCP Land Use Plan. It has been found consistent with Sections 30252 (parking) and 30251 (visual resources) of the Coastal Act, as well as with all the Coastal Act policies on public access and recreation. Therefore, approval of the proposed development should not result in adverse impacts on any coastal resource. SPECIAL CONDITIONS: 'NONE1 ACKNQMLEDGEMENT OF PERMIT RECEIPT/ACCEPTANCE OF CONTENTS: I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature Date of Signing (5118R) I'. IflA.V A Kf:CHK.tTHt.\ KI.K.MK.\T F. PARK AND RECREATIONAL NEEDS GENERATED BY INDUSTRIAL USES AJ though the Quimby Act itself does not apply to industrial or commercial subdivisions, a local agency is permitted to impose fees or exactions as a condition of approval of a proposed development, provided those fees and exactions do not exceed the estimated reasonable cost of providing the service or facility. In addition, the Growth Management Ordinance (CMC 5 21.90) autho- rizes special facility fees to pay for improvements or facilities which are related to new development. Since there is a substantial impact on existing recreation facili- ties from an increasing industrial employment base, a need to impose and implement a park mitigation fee for indus- trial development was recognized and created. In Novem- ber 1987, the City Council adopted its first park mitiga- tion fee for the Zone 5 Local Facilities Management Plan. Additionally, a park mitigation fee was required as part of the Zone 16 Local Facilities Management Plan and is also provided for in the adopted Zone 13 Local Facilities Management Plan. The purpose of a fee is to ensure adequate recreational facilities to accommodate the de- mand created for them by the daily influx of the industrial work force and population as industrial development grows throughout the City. G. PARK INVENTORY INTRODUCTION The pre-1982 Parks and Recreation Element emphasized more passive use concepts with the acquisi- tion and development of smaller neighborhood, mini, and vest pocket parks. Additionally, natural open space areas, meant to serve as connective corridors and greenways throughout the City, were accepted as park requirements dedicated under the Quimby Ordinance. Due to the characteristics of these natural open space areas, many of the sites once accepted for park purposes are considered undevelopable by today's park development standards. Post-it* Fax Note Co./Dept Phone # Fax* Phone* Fax. Today, current and future parkland dedicated under the Quimby Ordinance is subject to more stringent conditions than were once required Noting the shift m acquisition policy, developable parkland is considered to be buildable acreage similar to acreage associated with the subdivision for which dedication is required Topically, it has slopes of less than 10% and is not to be located in an area on which building is precluded due to environmental constraints as defined by City ordinance, geological con- straints, flooding, easements, or other encumbrances and/ or restrictions. The revised 1982 Parks and Recreation Element indicated a shift in recreational trends toward those uses which are more active in nature. In order to accommodate those trends, parkland dedication requirements became geared toward the acquisition of developable parkland which could provide both active and passive use. Carlsbad's present park development philosophy concentrates on providing larger community parks which incorporate a balance of both active and passive recre- ational amenities. The result has created a more realistic park program in terms of meeting the recreational needs of the residents, tourists, employees, the Growth Manage- ment 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. Sites once acknowledged as Neigh- borhood Parks have been incorporated ("grandfathered") into the Community Park classification, and although they may not meet the current acreage requirement, they do provide amenities characteristic of the Community Park category. 1. PRIMARY PARK CLASSIFICATIONS Presently, theCity of Carlsbad's Parkland inven- EXHIBIT 5 Page 3 PARKS A RECRE,tTIO.\ £J.£.I/£.\T tory is composed of three primary park classifications: Community Parks Special Use Areas Special Resource Areas Although these classifications are the basis for the City's standards to ensure optimum park and recre- ational facilities, three special resource areas and one community park have been identified as Regional Open Space Parks within the San Diego Association of Govern- ments Report, "Regionally Significant Open Space". The standards for each park classification are as follows: Community Parks Special Use Areas 2.5 acres/1,000 pop. .5 acres/1,000 pop. (Collectable Park Standard) Special Resource Areas 3.0 acres/1,000 pop. 2.5 acres/1.000 pop. OVERALL PARK AC. STANDARD 5.5 acres/1,000 pop. "The Gty of Carlsbad's Parkland Inventory is composed of three pri- mary park classifications: Commu- nity Parks; Special Use Areas; andf Special Resource Areas.n The City defines these Park Classifications as follows: Community Ptrki - These are leisure facilities, approximately 20 to SO acres in size; however, due to the 1982 revision of the Parks and Recreation Element, pre- 1982 neighborhood parks of less than 20 acres have been reclassified and "grandfathered" into the Community Park classification. This rectification was approved by the Parks and Recreation Commission in May 1987 and by the City Council in August 1987. Any future acquisition and development of community park sites \vithin the northwest quadrant, where a near buildout situation exists, m all likelihood will require community park development of sites under 20 acres in size. Typically, Community Parks are designed to serve the recreational needs of several neighborhoods. The nature of this type of facility encourages and attracts family unit populations from a nearby vicinity on a daily frequency. Community Parks generally provide active and passive use amenities; however, they are not limited to the exclusive use of either. Minimum facilities should include: • Family-oriented picnic areas • Group picnic areas • Turfed open space areas for free play • Multi-purpose playfield(s) (lighted when ap prop date) • Tot lot areas • Structures for lectures, meetings, skills, instruc- tions, etc. • Buffer areas • Special use facilities such as swimming pools, tennis courts, horseshoes, handball and racquetball courts, bicycle paths, etc. as oer specific community demand may be located within these parks if appropriate to the interests and needs of the community in which the park is located. The service radius for community park sites is approximately two miles. The primary access orientation is vehicular. It is therefore established that community parks should be located adjacent to a secondary arterial or circulation route of greater hierarchy as defined within the Circulation Element. Special Use Areas - These are typically local facilities that contain only one or two activity type uses, either passive or active in nature. They are between one and five acres in size and generally provide the basic widely accepted facilities found in a community park site. Facilities his type are: (but not limited to) swim, tennis or racqi nl complexes, meeting halls, athletic com- plexes, puy lots, picnic and interpretive walk areas. , PARKS A Ktt Hh. I f/W.V EI.L.\/E:\T Based on City Council action in August 1987, and confirmed in November of 1990, community school activity fields can be incorporated within the Special Use Area classification and included within the Park Area Inventory However, only these current school sites which operate under "joint-use" facility agreements between the City of Carlsbad and the corresponding school district are, in fact, incorporated within the Parks Inventory The pre-1982 Parks and Recreation Element included Mini and Vest Pocket parks. The revised 1982 Parks and Recreation Element has incorporated these parks into the special use category which typically defines the nature of these areas. Adequate access should be a primary siting crite- ria utilized in determining the location of a Special Use Area. Special Resource Areas - These are local ameni- ties that have either citywide or potential regional signifi- cance. The significance is in the quality of the site that makes it unique as either a passive and/or active recreation area; this quality may be of a natural (water, geological, ecological, etc.), historical (architectural, etc.), or a com- bination thereof. Consequently, the Special Resource Area as defined has a visitor attraction or drawing power to users locally and beyond Typically, Special Resource Areas provide a unique character and/or use not found in Community Parks or Special Use Areas. In general, they are larger than Community Parks. They are recreational sites characterized by the existence of a special or unusual feature, natural or manmade, i.e., a water body, earth formation, historical amenity, ecological reserve, etc. 2. ACTIVE/PASSIVE AREAS In addition to a parks primary classification, the City may describe a park as containing active and/or passive areas. Parks can be developed with either active or passive park amenities or a combination ofooth. Active park areas typically provide a form of organized, super- vised, often extracurricular recreation. Park amenities denoting active use may include gymnasiums, swim com- plexes, multi-use baJlficlds, tot lots, hard court plav surfaces, volleyball, horseshoe areas, or a combination thereof Passive park areas often provide minimal or no amenities associated with active use. The very nature of passive use implies undemonstrative, nonparticipating, complacent, subdued activity. Park amenities generally associated with passive use include nature trails, walk- ways, picnic tables, benches, and small turf and/or land- scaped areas. 3. REGIONAL OPEN SPACE PARKS Three of the City's Special Resource Areas and one community park (Lake Calavera, Agua Hedionda Lagoon, Batiquitos Lagoon and Veterans Memorial) have been identified as Regional Open Space Parks in addition to their primary city park classification. These sites have been identified as Regional Open Space Parks consistent with the recommendations of the San Diego Association of Governments' (SANDAG) report, Regionally Signifi- cant Open Space - Definition. Although parks have been identified as part of the regional park system,- they will continue to function pursuant to their primary park clas- sification as identified above. The identification of a city park as a Regional Open Space Park simply denotes that the park is part of the region's park system. A regional park is a major park that may contain any one or combination of such attributes as natural beauty, unique topographic features, historical structures or unusual scenery. Sucn parks are usually developed for at least two outdoor activities, but the greatest part of the acreage may remain as undeveloped open space. Usually a regional park has at least 200 acres, 50 acres of which are usable. The size may be smaller for unique regional resources. H. MISCELLANEOUS LANDSCAPE/OPEN SPACE AREAS Miscellaneous landscape/open space areas are secondary classifications within the park inventory. This category has been established to provide accountability Page 5 City of Carlsbad Public Works April 14, 2006 Ms. Diane Brink 7206 Azalea Place Carlsbad, CA 92009 RE: Spinaker Hills Tot Lot - Request for Certificate of Current Insurance Coverage Dear Ms. Brink: Please be advised that the City does not have proof of current insurance coverage on the Spinaker Hills Tot Lot, located within the open space/right-of-way along the east side of Batiquitos Drive, south of Poppy Lane. According to Condition No. 3 of the Agreement between the City of Carlsbad and the Spinaker Hills Citizens Group (Diane Brink), "The applicant agrees to provide insurance coverage for the tot lot in an amount and form acceptable to the City's Risk Manager." The City is responsible for ensuring that the above condition is fulfilled at all times. Please therefore forward a copy of the current insurance certificate for the subject tot lot to Erin Letsch - Risk Manager, City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008, by April 28, 2006. Your cooperation in addressing this request will be greatly appreciated. Should you have any questions regarding this letter, feel free to contact me at (760) 434-2941. Sincerely, KYLE LANCASTER Parks Superintendent c: Ken Price, Recreation Director Greg Clavier, Public Works Manager/General Services Michael Bliss, Public Works Supervisor/Trees, Trails & Medians Maintenance Jerry Rodriguez, Public Works Supervisor/Parks Maintenance Erin Letsch, Risk Manager H-\Wr>grHI FTTFR«!\Plf«; Spinal^r Hills Tnt I n. tnti-ran™. g^.^ct <t*f EXHIBITS 3\ 4O5 Oak Avenue • Carlsbad, CA 92OO8-3OO9 • (76O) 434-298O • FAX (76O) 72O-9562 January 12, 2004 VIA FAX TRANSMISSION TO: DEPUTY PUBLIC WORKS DIRECTOR DUNCANSON FROM: Risk Manager6-^-- TOT LOT Please see the attached correspondence from the City's insurance broker, Driver-Alliant. According to Ms. Ewert, Unit Manager, obtaining payment for the premium due is a struggle every year. She called me to notify us that the policy will be cancelled if payment is not received. EKL:jgj Attachment H:\WORD\Insurance\Spinnaker Hill 2003 Premium for tot lot.doc J.H-12-04 IliSBan From-DRIVER ALLIANT INS, C 9497562713 T-190 P. 02/02 F-277 INSURANCE SERVICES INTEGRATED INSURANCE & FINANCIAL SERVICES driver+alliant VIA FACSIMILE January 12, 2004 Ms. Erin Letsch Risk Manager 1635 Faraday Ave. Carlsbad, CA 92008 RE: Tot Lot Special Liability Insurance Program (SLIP) Outstanding Premium Dear Erin: AS per our telephone conversation last week, the Tot Lot has an outstanding premium of $170.00 for their liability coverage under the Special Liability Insurance Program (SLIP). The premium due is for last year's policy, the second installment tor the period 7/1/03 to 9/29/03. They have paid the first installment for last year and they have paid the renewal premium for this year. Because we have had no success in collecting this premium, we will apply $170.00 of the renewal premium to the outstanding balance due last year. This will leave a balance of $330 that we will apply to the renewal policy and will provide pro rated coverage through May 15, 2004. As of May 15, 2004 we will cancel coverage for the Tot Lot. Please advise the Tot Lot that unless we r4cccived the $170.00 by Friday, January 16,2004, we will proceed with the above steps and coverage will be cancelled effective May 15,2004. If you have any questions or need additional information, please do not hesitate to call. Sincerely, DRIVER ALLIANT INSURANCE SERVICES, INC. Mary Ellen Ewert, ARM-P, AIS Unit Manager Driver Alliant Insurance Services, Inc. mi Alliuitt ftf.\(jufca Gruitp company 1301 Dove St. Suite 200, Newport Beach CA 92660-2436 » 949-756-0271 Lit &OC36861 • www.driveralliant.com City of Carlsbad Public Works January 30, 2003 Ms. Diane Brink 7206 Azalea Place Carlsbad CA 92009 Dear Ms. Brink: The City has recently received notification of your insurance coverage for the tot lot area adjacent to Batiquitos Lane. As noted, there is still a remaining balance on this year's coverage. I am sure you are aware of this and your previous agreement to provide the annual insurance. Thank you for your cooperation with this annual task. I'm sure the neighborhood is very grateful for your leadership in providing this play area for the youth in the Spinnaker Hills area. Sino DtfWCANSON Deputy Public Works Director, General Services enclosure c: Erin Letsch, Risk Manager Scott Carroll, Management Analyst 4O5 Oak Avenue • Carlsbad, CA 920O8-3OO9 • (76O) 434-298O • FAX (760) 720-9562 , 24-Jan-Z003 08:34. Frora-ROBERT F DRIVER «49-25,-,B63 T-243 P.001/OOZ MIT alliant INSURANCE SERVICES FACSIMILE TRANSMISSION IF AU. PAGES NOT RECEIVED. PLEASE TELEPHONE OR FAX IMMEDIATELY. PHONE # (949) 756-0271 FAX #(949) 251-1663 NUMBER OF PAGES: 2 Including this cover page DATE: January 24,2003 ATTENTION: Erin Lctsch AT: City of Carlsbad FAX: 760-602-8555 ORIGINAL SENT: No RE: Tot Lot Dear Erin: Here is the information you requested yesterday. I hope this is helpful. Should you have any questions, or if we can be of further assistance, please feel free to contact this office. Sincerely, DRIVER * ALLIANT INSURANCE SERVICES Sheryl Fitzgerald Assistant Account Administrator Phone:(949)660-8161 SPECIAL LIABILITY INSURANCE PROGRAM (SLIP) Driver Alliant Insurance Services, fnc. an Allfant Resources Group company P.O. Box 25884, Santa Ana, CA 92799-8323 • (949) 756-0271 • Fax (949) 756-2713 • Lie #OC36861 • www.driveralliant.com 24-Jan-2003 08:34an Frora-ROBERT F DRIVER SLIP fit SPIP Programs Driver Affiant Insurance Services, Inc. P.O. Box 25884 Santa Ana, CA 92799 +949-251-1663 T-243 P.002/002 F-367 INVOIC SUP INVOIC ^tiZSSStf*^^ TO: City of Carlsbad as respects to the Tot Lot 1636 Faraday Ave. Carlsbad. CA 92008 INVOICE NUMBER Premium Due CUSTOMER NUMBER CA000375 INVOICE DATE 1/23/03 PRODUCER 120 INVOICE TOTAL $432.00 %S3K*fe£3g^^ TYPE OF POLICY: G/L - MUNICIPALITIES INVOICE NO; Premium Due INSURANCE COMPANY: Special Liability Ins. Program POLICY TYPE: A POLICY* SLIP1000-02 NAMED INSURED: City of Cartsbad as respects to the Tot Lot POLICY EFFECTIVE DATE: #29/02 POLICY EXPIRATION DATE: 9/29/03 POLICY TERM: SPECIAL TERM TRANSACTION: RENEWAL POLICY TRANSACTION EFFECTIVE DATE: 12/18/02 AMOUNT INVOICE 60053 SLIP PRO-RATED PREMIUM FOR 9/29/02 to 7/1/03 CREDIT FROM INVOICE 70042 INVOICE 90053 SLIP PRO-RATED PREMIUM FOR 7/01/03 to 9/29/03 $569 -$323 $186 f^^^s^^^jf^S^^^^^^(^^v^f^^^^^^^§&^^^i^l. NOTICE: By acceptance of this invoice, it is hereby agreed that all monies are due upon receipt. If payment is not received by the due date, all policies are subject to cancellation. For service on this policy or information concerning your insurance, please contact MaryEllen Ewert at Driver Alliant Insurance Services, Inc. • 1-800-821-9283 Ext. 19O City of Carlsbad Recreation Department September 7, 2000 DEVELOPING TOMORROW'S LEADERS BUILDING COMMUNITY PRIDE STRENGTHENING FAMILIES IMPROVING QUALITY OF LIFE Dianne Brink 7206 Azalea Place Carlsbad, CA 92009 Dear Mrs. Brink, Our department has recently received a memo from the City's Risk Manager stating that the insurance policy for Spinnaker Hill Tot Lot has been noticed by the Account Administrator from Robert F. Driver Associates Insurance Company as 60 days past due. As you are aware, the signed agreement which allowed the installation of the Tot Lot on public right of way by the Spinnaker Hill Citizen Group (represented by yourself), stipulated that the Tot Lot was to be developed and maintained at no cost to the City and that the applicant agreed to provide insurance coverage for the Tot Lot. As also referenced in the agreement, the City has a responsibility to notify you in writing of problems or concerns with the Tot Lot and provide specifics to a resolution of those concerns. Therefore, the City is requesting that you forward proof of liability coverage immediately so that the City can be assured that proper coverage exists and that the future of the Tot Lot is not jeopardized. Although this is the second year that the City has received a past due notification of insurance coverage, perhaps the insurance issue has already been resolved by now. In any event, please forward the appropriate documentation acknowledging that the insurance coverage is in force to either myself or the City's Risk Manager. Thank you in advance for your attention and resolution to this issue. " Sincerely, KEITH BEVERLY SENIOR MANAGEMENT ANALYST Attachment C: Risk Manager Recreation Director General Services Manager Spinnaker Hill Tot Lot File H\WORO\KEITH S M&UOKKDIANNE BRINK-SPINNAKER HIU. TOT LOT(KB9-7-00)31 1200 Carlsbad Village Drive Carlsbad CA 92008-1989 (760) 434-2824 FAX (760) 434-7185 «u»-ji-uu U4:u4pm riuiii-KUDCKi r, UKi VCR '.UI/UI P-66I AU6 3 1 2000 FACSIMILE TRANSMISSION ASSOCIATESCalifornia License #OC36861 DATE: ATTENTION: AT: FAX NO.: FROM: CC: RE: PHONE #(949) 756-0271 FAX #(949) 756-271 3 NUMBER OF PAGES: 1 Including this cover page August 31,2000 Erin Letsch City of Carlsbad as respects to the Tot Lot (760) 602-8555 Cindy Cannon Asst. Account Administrator Special Liability Insurance Program (SLIP) Our records indicate that we have not received the renewal premium currently 60 days past due for the above-mentioned policy. If you feel this is incorrect, please provide us widi the check number. If the payment has not yet been made, it is due in our office. If you should have any questions, please feel free to contact our office. Sincerely, ROBERT F. DRIVER ASSOCIATES Cindy Cannon Asst. Account Administrator City of Carlsbad Community Services Department Novembers, 1998 Dianne Brink 7206 Azalea Place Carlsbad, CA. 92009 Dear Ms. Brink, Our Department has recently received a memo from the City's Risk Manager stating that the insurance policy for Spinnaker Hill Tot Lot has not been paid in full. It seems that the Robert Driver Co., who has been maintaining the policy over the last several years, has written to advise the City as to the status of the policy. The Risk Manager has attempted to contact you on several occasions but to date has been unsuccessful. The purpose of this letter is to advise you that as of this date, the insurance policy has an outstanding balance of $500 on a premium of $600. As a result, the City is currently at risk for the liability of the Tot Lot. As you are aware, the signed agreement which allowed the installation of the Tot Lot on public right of way by the Spinnaker Hill Citizen Group (represented by yourself), stipulated that the Tot Lot was to be developed and maintained at no cost to the City and that the applicant agrees to provide insurance coverage for the Tot Lot. In addition, as also referenced in the agreement, the City has a responsibility to notify you verbally and apprise you of concerns or problems with the Tot Lot as well as notify you in writing of the problem or concerns and instructions on specifics of the proper resolution. Therefore, the City is requesting that you forward proof of liability coverage immediately so that the City can be assured that proper coverage exists and that the future of the Tot Lot is not jeopardized. Perhaps the insurance issue has already been resolved by now and if so, please forward the appropriate paperwork to either myself or the City's Risk Manager. Thank you in advance for your attention and resolution to this issue. Sincerely, -2^2>/p EITH BEVERLY 7 SENIOR MANAGEMENT ANALYST Attachment c: Risk Manager Recreation and Park Planning Manager Park Superintendent .-Spin_nakejiHjlLTQLLQt file 120O Carlsbad Village Drive • Carlsbad. CA 92008-1989 • (619) 434-2825 • FAX (619) 434-7185 October 27, 1998 TO: RECREATION & PARK PLANNING MANAGER FROM: Risk Manager^ SPINNAKER HILL TOT LOT - LIABILITY EXPOSURE As you know, per the Agreement between the City of Carlsbad and Spinnaker Hills Citizens Group (Diane Brink), the liability exposure of the tot lot in the vicinity of the Spinnaker Hill development is to be covered by insurance that is purchased by the applicant, Diane Brink. The purpose of this memo is to notify you that in September, my office received notice from the Robert Driver Co. that the insurance policy on the tot lot had not been paid in full. On September 9, 1998 and September 23, 1998, my office tried to reach Mrs. Brink by phone to discuss the matter. During the week of October 12, 1998, my office verified that there is still an outstanding balance of $500.00 on the premium of $600.00. At this time, the City is at risk for the liability exposure of the tot lot. Please let me know how we may proceed to ensure that the liability of this park is covered per the conditions of the Agreement. Thank you, and please give me a call if you have any questions. sc: Senior Management Analyst Keith Beverly PARKS & RECREATION COMMISSION - AGENDA BILL AB# 796-6 MTG 07-15-96 DEPT 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. EXHIBIT 7 ^ • 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. 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 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. "~" "FOR RESPONSE Date: u.'' '• —— 1 -"' >-••!»>,r .HI i minimi!, '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 EXHI 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 intentionjmake 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 53,000.00 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 swingset and redwood fencing. 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 June 21, 1996 TO: PARKS SUPERINTENDENT FROM: Risk Manager ^- 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. ROBERT F. DRIVER ASSOCIATES ASSOCIATES a Division of Robvn 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. HIKCH STREET. S( HE <f>-t>27l . CALIFORNIA V2f> , V ">i~A -A ROBERT F. DRIVER ASSOCIATES a Division of Rohen F. Driver Co.. hit' COMPLETE I\SL'KA\C&BO\D SEK\ ICE ' ASSOCIATES Y JUN 1 7 1996 \\CITYOFCARLSBADURISK MANAGEMENT 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 .•V,..'6 BIRCH STREET. SUITE 2M. \E\\ POKT KF.ACH. CALIFORMA yjtt IMSVWORD\SLU>RN\VL 96RENL LTR ' 714 I 756-Oj 71 • F \.\ < 714 I ?5rt-.V/.< 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 • -,i.H--*- ^COVERAGE General Liability: Errors and Omissions: Directors' and Officers' Liability: Auto Liability: Excess Liability: 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 $600 H \u\BSWVORD(SP£CIAl\9697 INV Prepared by: Robert F. Driver Associates PARKS & 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). 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 ... 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 PARKS &CkCREATION COMMISSIoD AGENDA BILL MTG. *~ DEPT. ' SPINNAKER BILL 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, men 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. h- < In an effort to resolve this situation, a meeting was held with the City Manager's office to g further evaluate this issue. As a result of discussions during that meeting, it was 55 requested that this item go back before the Parks and Recreation Commission to review "* the following alternatives. § L That the City build, maintain and accept liability exposure for the facility. PAGE 2, AB# 2. That the applicant give the City the money she has collected to construct, the facility (approximately $1,000) and the City build, maintain and accept responsibility for liability exposure. 3. That the applicant construct and maintain the facility to City standards and that the City attempt to secure liability coverage for her which names the City as additionally insured. 4. That the applicant build and maintain the facility and provide for liability exposure which names the City as additionally insured. At this point, the applicant is unable to commit to Alternatives 3 & 4 and in all likelihood the City would be unable to secure liability coverage for her (Alt. #3). If the goal is to develop a tot-lot in the Spinnaker Hill area then the City must accept liability. However, it is the Citys* policy that we will only accept liability for those facilities which the City develops and maintains and not for facilities developed and maintained by others. Therefore, if a tot-lot is to be built, the City must construct and maintain it. FISCAL IMPACT: Although the applicant is suggesting that the tot-lot can be constructed through private resources for a cost of approximately $2,000, the City staff feels the cost to construct the facility will be significantly more if the City facilitates its development utilizing manufactured playground equipment which is under warranty by an authorized distributor. In utilizing such equipment, the City protects itself against potential liability exposure. In addition, according to our interpretation of ADA requirements, sand is not an acceptable surface material which meets ADA requirements. Finally, necessary labor cost for the City to construct the facility would establish project costs in excess of $10,000. A preliminary breakdown is as follows: Authorized manufacture playground equipment $3,500 ADA approved surface material 2,000 Landscape material (plants, curbing, fencing, signing, etc.) 2,500 Labor 2,500 Misc. (Admin, contingencies etc.) 1.000 Total $11.500 Annual maintenance costs of the facility excluding vandalism and any costs associated with potential liability exposure is estimated at $1,000 per year. In terms of potential costs associate with liability exposure, the City is self insured, however, the terms of our insurance dictate that the City is liable for the first $500,000 for each claim. The City is then insured up to $10,000,000 (per claim) , and the City is then liable for anything over that amount. Development and maintenance funds for such a project have not been budgeted for in the 1994-95 operating budget. If the City is to develop this tot-lot, it must do so with existing funds and must be absorbed in this year's operating budget PAGE 3, AB # _ O O 1. Parks awLRecreation 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 • , "~tl / A t 1 .' • •*" ^ // T OCREATION cowMissicrPPARKS &OLCREATION cowMissicry AGENDA BILL AB* MTG. UEPT. TITLE: CITIZEN REQUEST, TOT LOT INSTALLATION SPINNAKER HILL (SE QUADRANT) (ACTION) RECOMMENDED ACTION: If the Commission concurs your action would be to approve the citizen's request to develop, operate, and maintain on City property at no cost to the City, a playground area (tot lot) which will be open to the general public, subject to obtaining the appropriate right of way permits. ITEM EXPLANATION; The Play Area Committee of Spinnaker Hill subdivision, headed by Diane Brink has requested support and guidance to develop a small area with play equipment on the east side of Lagoon Lane between Daisy Avenue and Poppy Lane. The subject area approximately, 60' x 20', is located on City owned property zoned as open space. Mrs. Brink is requesting that the City give their group permission to plan, develop, operate and maintain the play area at no cost to the City. The proposal outlines the following: • Creation of a small play area within walking distance of several developments, to include 2 pieces of multi-use play equipment, two benches, fencing and landscaping as needed. • Local residents/users will raise funds for the equipment purchase and maintenance costs. • Citizens will prepare the site, install equipment per A.D.A. and manufacturer specifications and Carlsbad City codes under supervision of local, licensed contractor. Vendor will provide technical guidance, as necessary. • Citizens will install .safety barrier, signs, and plant appropriate landscape materials.i • Citizen group will assume ongoing maintenance of the play area and landscaping. Staff Analysis; As the Commission wilkfecall, Mrs. Brink made a request to the City some time ago to develop, at City cpsffa play area for children in the Spinnaker Hill area. Her request I .was denied primarily due to the City's adopted park development policy of not being1 involved ia-lhe development of the neighborhood, pocket, small mini park or play S c? ar«i.i iff addition, »ht commiiilon netitf itmt tntri w«rt two community f)NMti mat would have play areas incorporated in them, tp be Developed in the southwest quadrant PAGE 2, AB •-.<9 adjacent to the proposed play area. In a memo dated November 10, 1992 from the Traffic Engineer, his recommendation was not to install such a guardrail. However, he does mention that any improvement in the public right of way will require prior approval and permits from the Engineering Department. Conditional Use Permit fCTJPV G**ZQCOY^ QjLh/vtvL*r ( (\JO »-~<VJW""-'S Because the play ground area will be placed primarily on City owned property designated as open space, play grounds are permitted uses as long as they are open to the general public and do not require a CUP. -Liability Concerns; The installation of any type of recreational facilities or apparatuses by a private group or by the City on City property to be utilized by the general public, would create an additional liability exposure. Currently, the City is self insured up to the first $500,000 for each occurrence. So in essence, this is not like any other park development project or any citizen neighborhood group adopting a park area; both create additional liabilities which cities traditionally assume. Any installation of this type would require close inspection by the City as well as monitoring ongoing maintenance and safety checks. The Commission should also be aware that if the private citizen group sometime in the future abandons the maintenance of this facility the City would be required to absorb the maintenance impact within the Parks and Recreation budget or remove the play area from public use. -Traffic Impacts; Presently, Lagoon Lane (Batiquitos Drive), dead ends at the north edge of Batiquitos Lagoon. As development occurs within this section of the quadrant the street will be extended to the east to connect at the terminus of the existing Batiquitos Drive, located adjacent to the Aviara Golf Course. At this time, the average daily trips (ADT) is minimal. Buildout projections according to the Traffic Engineer, will be approximately 6,700 ADT which is designated as light traffic. FISCAL IMPACT; This project will have no fiscal impact on the City budget as the citizen group will provide the funds for the equipment installation and ongoing maintenance. 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:***** P • Q Dave Bradstreet Director, Parka-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 Hill requests the support and guidance of your department and the Parks and Recreation Commission to develop the play area described in the attached proposal. The play committee Is ready to meet with your department and the Parks and Recreation Commission at the earliest opportunity to describe the play area. Please contact me to schedule a presentation. Sincerely, Diane Brink 7206 Azalea Place rv\\n Carlsbad CA 92009 . , A 619 431-0194 '^c Attachment . PLAY AREA COMMITTEE Spinnaker mtl OPOSAL - Create a small play area within walking distance for small children accompanied by parents of Spinnaker Hill, Vista Paclflca, and Broccato and funded by local residents. CATION - On the East side of Bataqultos Drive between Daisy Avenue and Poppy Lane. MINQ - March .1993 - City approval June 1993 - Conduct local fundralslng August 1993 ' Complete project O Q l_/ BACKQOUND I*") No play area for small children with parents 1n Southwest Quadrant -':~:~ Proposad SVf Quadrant park (Alt* Mlra) 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 site preparation• * *•• • • • «• •*••*>«•.« . . Least adverse neighborhood Impact Most cost-effective Strong community support and participation Community Support citizen signatures Avlara/Hl1Iman Properties Broccato/Odmark and The Ian Standard Pacific of San Diego Adjoining neighbors EQUIPMENT RECOMMENDED SELECT I OM Moore * TC-334 (see attached) 2 - standard decks 1 - belt awing, one Infant swing 1 - tire swing 1 - slide 1 - turning bar 1 - steering wheel Freight, tax, discount total $3682.61 Moore 41 6022 Hillside Straight Slide (optional - see attached) $1662.00 2 - park-type benches $250.00 2 - safety. signs $75.00 Play area convnlttee would request equipment purchase through Carlsbad City sources 1f significant financial savings could be realized. Committee funds would be transferred to city for acquisition. FUNDING Local residents/users will raise funds for equipment purchase INSTALLATION Parents will Install equipment per manufacturer specifications and Carlsbad city codes under supervision of local, licensed contractor. Vendor will provide technical guidance, as necessary. MAINTENANCE Parents will continuously maintain equipment and play area appearance. & p^- -..^-rv v-SAFETY A two foot high natural hedge (drought resistant) llnln, the sidewalk for approximately 60 feet 2 safety «tgn. On either .Id. of pUy «r.* «ntrU« requesting parental supervision "Children at Play" or equal .t»n. on Bat.quito, Drive behavior. A bumper guard rail runnilng for AO-60 feet along the play area. ..o^•'sSH&lfiv'. •••'::.••>! SITE DESCRIPTION East side of Bataqultos Drive, 200 feet south of Daisy Avenue Approximately 28 feet deep and 60 fact long feet from nearest residence with 30 feet verttcle 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 Qu1d11ne 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 Qulde 3 8 MOv v, . .;:2 NGV i 3 1992 -~ MEMORANDUM , DECEIVED NOY 0 C 1392 November 10, 1992 TO: PARKS AND RECREATION DIRECTOR FROM: Traffic Engineer TOT LOT, CITIZEN 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 Held 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. JOHJNSON, JR., P.E. Traffic Engineer / \j>}o &Qc: City Engineer Dnve Bradstreet tT\ 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 safety 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 X-v _..y"" RECEIVED ^~ OCT271992 October 26, 1992 . CITY OF CARLSBAD ENGINEERING DEPARTMENT TO: TRAFFIC ENGINEER FROM: Parks and Recreation Director TOT LOT, CITIZEN REQUEST FOR A GUARD RAIL A community interest group from Spinnaker Hills and Vista Pacifica is requesting permission from the City to construct a tot lot on the east side of Batiquitos Drive between Daisy Avenue and Poppy Lane (on City property). To protect the subject tot lot, the group is requesting the installation of a guard rail (to City specifications) adjacent to the play area. Would you please determine if this is a possibility and also provide the cost for such a rail. If you have any questions please call me at extension 2825. DAVID BRADSTREET c: Parks Superintendent Attachment tfifr .11.111 01 LIMIT Of WORK cite BOX CDC. MO TO 1C NCHOVCB I OAV ]• OC \\1^1 K'M M»_ Ij OC TOf SLOPE- UGHrt POL!1 V SIOM it tMT Of WORK TOT LOT ^. ».«<; r|i*>T »u« HAtS '•• OC RECEIVED August 2, 1994 TO: PRINCIPAL ENGINEER RICHARD ALLEN AUG 0 3 199*» 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 die City, a playground area, open to the general public, on the east side of Lagoon Lane between Daisy Avenue and Poppy Lane. This approval was subject to the issuance of a right-of-way permit. At some point since that time, the Engineering Department began working with Ms. Brink on an encroachment agreement which contains the City's standard hold harmless clause. Recently, Ms. Brink indicated to the Engineering Department that she does not want to be liable for claims resulting from the use of the playground equipment and would like the hold harmless clause removed from the agreement. At this point there are two options to completing the agreement based on the need for the City OR the homeowner(s) to accept responsibility for both park maintenance and liability. 1. If a tot lot is to be developed an<| nHlfrUMn^ 9n fok City property at no ctfft tff tftt CitT (not withstanding the fact; that in the event of an injury the City will be sued regardless of who maintains and assumes liability for the tot 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, IBain\ained on this Citv 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 Gty. 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 Gty. 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 Man Community Services Director Financial Management Director oA August 4, 1994 TO:ASSOCIATE ENGINEER HOWARD FROM: Principal Civil Engineer BPXNltJUCE* HILL* TOT LOT Attached is the response from the Risk Manager. Diana Brink or aomaona will hava to provide inauranca and name tha City a« additionally insured. Also, Community Services will have to approve the aalection and installation of the equipment. These two requirements should be placed on the encroachment permit aa 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 ucoflDBUnity Services Director Assistant City Engineer FROM :O «>• I rei To: Dave Bradstreet 8/30/94 Dear Dave. Thank-you again for meeting with us/egardlng the Tot-tot. 1 believe the fastest and cheapest waytto achieve our goal Is to agree that the city wll adopt this tot-tot and maintain this tot-lot afitf it it butt. This way our own group could build and install it (according to ADA) fast and tow priced. When the construction Is complete and compiles to city standards then the city can adopt the maintenance and also the liability. Let ma briefly go over my plan for the cost and construction of the tot-tot: 2 seat wood swing set (Moore Rec equip *666Z and MS20) Materials for wood platform for play , self butt Park Bench $622.$soo. $73. Sand tar body of ground cover C-flax fencing 2 ft high and Invisible Hedge plants to border fence Signs 2 at 75.00 Curbing material for sand enclosure Misc. costs 0 50ft $125. $75. $150. wheelchair access path $300. $150. $1997. I propose construction to start this December 1994 using manpower within our community working under • contra- ters licensee. The workers could sign Eabelty waivers while they work. After talking to an ADA specialist (accesslMty expert) I beleve we could use sand for the body of the playground area and use a path of regular " ground • up to the side of the swing set and to the side of the wood ptaifoiiit for wheelchair access^ It seems to me after talking with this spedaast that the) area is a gray area and there la no use spendtog e tot of money on "spedahy ground cover If It Is not mandated at thU time. AJeo since our community wft not be fundmg a RabXty coverage II PARKS &^ JAB* ftqi-IO _ TITLE: [MTfS. filfil^/ ' 1EPT. ' P+R ^CREATION COMMISSICjO AGENDA BILL v CITIZEN REQUEST FOR DEVELOPMENT OF NEIGHBORHOOD PARK IN SOUTHWEST QUADRANT (ACTION)» RECOMMENDED ACTION: Deny citizen request to develop a small neighborhood park in the southwest quadrant. ITEM EXPLANATION; The department staff has been contacted by Mrs. Diane Brink who is requesting the City develop a small children's park within close proximity to the existing neighborhoods within the southwest quadrant adjacent to the Fire Station at Batiquitos and Poinsettia. In a telephone conversation with Mrs. Brink, in response to her request, staff reiterated the City's current philosophy with regards to park development. Several reasons were explained to Mrs. Brink as to why department staff would be opposed to her request. The following is offered for Commission consideration. 1. The City's current philosophy in park development as originally adopted with the 1982 Parks and Recreation Element is to eliminate any further development of small neighborhood parks, but rather to concentrate park development efforts towards fewer but larger community parks. The reasons for this direction are: • . the non-use phenomenon of small neighborhood park facilities as it relates to changing neighborhood demographics, • the impacts of maintenance and operation costs, • the benefits of providing large community parks containing both active and passive recreational amenities in terms of both user participation and maintenance costs. 2. The City's current park development plan within the southwest quadrant is presently under way with the development of the Alta Mira Park site within the very near future. In addition, another community park within the quadrant is planned within Zone 19 of the Aviara development. With the development of those two park sites and the Aviara Oaks School site, the City's Park Standard will be exceeded. 3. The prevailing park development program, as outlined above, has funding mechanisms secured as identified within the City's Capital Improvement Program Budget. Funds for acquisition and development within this quadrant have been made available from Park-In-Lieu Fee and Public 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 After the explanation to Mrs. Brink, staff suggested that if shTTwished to pursue her request for additional park development that she seek approval from the Porks and Recreation Commission. Subsequently, staff has received a written request (Exhibit 1) lor additional park developmenl within the southwest quadrant. FISCAL IMPACT; None at this time. EXHIBITS; 1. Mrs. Diane Brink's letter, 7-12-91 8 Kieth Beverly . 7/12/91 Parks and Recreation Dept. 1200 Carlsbad Village Dr. Carlsbad, CA 92008 Dear Mr. Beverly, Thank-you for our recent telephone conversation yesterday regarding a small childrens park next to the fire station on Batiquitos and Pointsettia. Our neighborhoods are changing to younger couples with small children and it would be advantageous to the 6 surrounding communities to have a park within walking distance for us all to enjoy. The closest parks now are 12-15 minutes away by car. Also the "open areas" which have been set aside by developers have been left "natural" and are not safe because of snakes and ticks. My specific request is for a small childrens park set off the road (for safety) with a swing set, slide, climbing set, sand, a grass area, a drinking fountain, and some benches. • I believe having a park at this location would improve our • community by 1) having a safe place for our children to play within walking distance, and 2) convert an area which is unused to an attractive and very useful park. Thank-you Very Much, rs. Diane Brink 7206 Azalea Place Carlsbad, CA 92009 <9 MINUTES Auquat If, mi HU<KS AKO KXCHtATIOH COMHISSIOH Hoe J COMMISSIONERS Since no one elae wlihed to (peak, the public teatlaony waa eloaed at SiJJ p.au The Parke and Recreation CoMltalon continued thla ltee> to the September neetlng (or ata(( to lupplji nore Ln format Ion on why the Police cannot enforce the lawe. A copy of thla agenda bill la to be aent to Police Chief valee. 10. Aft 4891-10 CITIZEN ftEOtyBST POM THE DEVELOPMENT OP ft Keith (overly gave tho etaff report. Chalrperaon Molahono opened the public teotlanny. at >i4V P.O., and leaued tho Invitation to apeak. Olano Srlnk, TJOe Asalea Place, atated eho had requeoted a aaMll children* a park eloao to tho Spinnaker Hill* area, a* thero are oor* children there at thle tlM, and aho felt there would bo strong support In the neighborhood for thle perk. Sho atated ah* would Ilk* a park ah* could walk to, a* they are I.I ollee fro* the Aits, Hire Park. Mr*. Irlnk atated that tho natural areae are too dangerous foe tho children to play there. Sine* no on* elae wlahed to apeak, the public teat Loony we* eloeod at li>4 p.*>. The Park* and Recreation cewalaclon denied tho requoet to develop • avail neighborhood park In the southwest quadrant. 11. A* JSfl-ll LA COSTA TOOTH OHO AN I SAT ION RKOVM* TO. (ACTIOH) Ron Prleo and Roue Ouncaneon qavs the etaff report, using slid** and • transparency ahowlng tho dee If* of tho Park. Chairperson tfelahone opened the public teatLoony at till *.•.. aadl laeu*d th« Invitation t* speak. Scott Ptoratt, 7301 Man tan It a street, representing la coata Tooth Organisation a* President, etated there Is no roe*) for th* kids to play bell, and tho batting cage would allow the* to practice and alleviate th* shortage) of fields. No aald their organisation would provld* th* funding, construction and upkeep of tho batting cage, and would glvo th* structure to tho city. They would ask that they havo flret priority (or tho batting cago ue*. -• tf • ^l^p gjaa - * • Meiahona Caatnar Plnnlla Kno* Lawaon . Strayer Mard Meiahona Castner rinnila Know Lawaon Strayer Mard • X X 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 EXHIBITS 77 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. Staffs 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 subrnifr'fevised updated plans showing the work to be done. c: Financial Manager Risk Manager 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: >UGLAS^AOUNCANSON Financial Manager Community Services Risk Manager EXHIBIT 9 FROM : S~\ PH»e NO. : /~> A P01S~\ 5/24/95 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. - J&6 To: Assistant City Manager, Frank Mannen Risk Manager-Erin Letsch Dave Bradstreet, Director of community Services. Councilwoman Ann Kulchin Doug Duncanson 5/23/35 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 titys1 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) EXHIBIT 10 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 FROM : ?«>* »• = rei To: Dave Bradstreet 8/30/94 Dear Dave. Thank-you again for meeting with us/egardlng the Tot-tot. 1 believe the fastest and cheapest wayno achieve our goal is to agree that the chy wil adopt this tot-tot and maintain this tot-tot after rt is buRt. This way our own group could build and install ft (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 Roc. equip #6662 and #8520) $622. Materials for wood platform for pby , serf buNt $500.- Park Bench • $75. Sand for body of ground cover Donated 0 C-ftex fencing 2 ft high and invisible 50ft $125. Hedge plants to border fence $75. Signs 2 at 75.00 $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 liability waivers while they work. After talking to an ADA specialist (accessibility expert) I betevt we could use sand for the body of the playground area and use a path of regular * ground * up to the side of the swing set and to the side of the wood platform for wheelchair access. It seems to me after talking with this specialist that this area is a gray area and there is no use spending a tot of money on "specialty" ground cover If rt is not mandated at this time. Also since our community wffi not be funding a liability coverage EXHIBIT 11 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 December 22, 1 993, 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. _ EXHIBIT 12 t200 Carlsbad Village Drive • Carlsbad. CA 92008-1989 • (619) 434-2821 • FAX (619) 720-9461 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 Citv of Carlsbad Parks & Recreation February 25, 1993 Diane Brink 7206 Azalea Place Carlsbad, California 92009 TOT LOT INSTALLATION REQUEST As a follow up to the February 22, 1993 Parks and Recreation Commission meeting where the Commission supported your request by a 4-2-1- vote, I will attempt to outline what your next steps would be. 1. A coastal permit is required, contact person - Bill Ponder (521-8036). You will need to pay for the permit and they will require a conceptual plan to be submitted for review. 2. Engineering public right-of-way permits, contact person Engineering Department at Las Palmas (438-1161). 3. American Disability Act (ADA) requirements, fencing requirements, tree removal guidelines, construction liability agreement, cost estimate (in my opinion was, too low), playground acceptable surface materials and an agreement outlining your groups ability to maintain repairs and have sufficient funds available in case of abandonment. Your contact person is Doug Duncanson, Parks and Recreation Department, Parks Superintendent, 434-2862. If you have any further questions, please call me at your convenience at 434-2825. VID BRADSTREET c: Assistant City Manager Parks Superintendent EXHIBIT 13 1 2OO Carlsbad Village Drive - Carlsbad. California 92OO8-1 989 • (619)434-2824