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historical documents (Applicant Letters, Interoffice Memorandums, and Parks and Recreation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}.
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DEPT:
COWANYi -LOT
DEPT:
CXDNTACT PHONE #(81«J.
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his will include a
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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
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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
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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
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Meiahona
Caatnar
Plnnlla
Kno*
Lawaon
. Strayer
Mard
Meiahona
Castner
rinnila
Know
Lawaon
Strayer
Mard
•
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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