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HomeMy WebLinkAbout1986-03-17; Parks & Recreation Commission; MinutesMINUTES Meeting of: PARKS & RECREATION COMMISSION Date of Meeting: March 17, 1986 Time of Meeting: 5:00 p.m. Place of Meeting: City Council Chambers COMMISSIONERS CALL TO ORDER: Vice-Chairperson Donovan called the Meeting to order at 5:08 p.m. ROLL CALL; Present - Commissioners Donovan, Conti, Morrison, Popovich and Regan. Commissioner Dahlquist arrived at 5:46 p.m. Absent - Chairman Wright. Staff Present: Dave Bradstreet, Director of Parks & Recreate Keith Beverly, AAII Doug Duncanson, Park Superintendent PUBLIC OPEN FORUM; There was no one present for the Open Forum. APPROVAL OF MINUTES; The Minutes of the February 10, 1986, Meeting were approved as presented. APPROVAL OF AGENDA; Commissioner Conti requested an item under New Business to enable him to comment on the CARA minutes. The Agenda was approved as amended. APPOINT SCRIBE: (no vote taken) Commissioner Regan was appointed Scribe for this Meeting. Vice-Chairperson Donovan stated a request had been made to take a New Business Item out of order. Item A, Boy's and Girl's Club Request to Use City Property, was taken out of order with the consensus of the Commission. NEW BUSINESS; A. Boy's and Girl's Club request to Use City Property Dan Sherlock, Executive Director of the Boys and Girls Club, referred to his letter of February 20, 1986, to the Parks & Recreation Department. The modular clubhouse they use at Levante Park must be moved within six to eight weeks. They do not have a site for this modular, and would like to move it temporarily to the southern most terminus of Levante Canyon. Their permanent site at Arenal Road and El Camino Real will not be available for eighteen months to two years. Mr. Sherlock said they are open to suggestions, but, at this point have been unable to locate a suitable site for the modular clubhouse. Time is the crucial problem at this time, If they cannot find a spot to place the modular, programs will have to be canceled. Mr. Sherlock stated they were aware there are neighbors on both sides of this proposed site, but would mitigate the problems by paving the parking lot, installing chainlink fencing and whatever is necessary to make it usable for indoor activities. Donovan Conti Morrison Popovich Regan MINUTES PARKS & RECREATION COMMISSION March 17, 1986 Page 2 COMMISSIONERS Mr. Sherlock seated Chey have considered Che park across Che street for outdoor activities. They have also discussed Che possible use of the existing building at the park, but staff was not in favor of that. He volunteered to rent the building during the hours of 2:30 p.m. to 5:30 p.m. for the indoor activities. Commissioner Conti inquired about sanitary hookups for the modular and Mr. Sherlock answered those would need to be added. Marvin Goldsmith, 3020 Levante, expressed his sympathy for the plight of the Boys and Girls Club, but added the neighbors had not been notified of this proposal. He said he has a swimming pool in his backyard, and would be liable for any children that might wander into his yard and pool. Mr. Goldsmith was concerned about the children walking back and forth across Levante, with the traffic that street now handle: Mr. Goldsmith read a comment from Cindy Schwartz, 3015 Levant< seating her opposition to placing the modular across the street from Levante Park. The noise level would be unbearable for the neighbors and this would cause a decline in property values in the area. The additional traffic and danger from the already busy street would be tremendous. Norm Simon, 3028 Levante, concurred with everything already said and added if the modular were moved there, his bedroom and balcony would overlook the paved parking lot. The owner of the property he leases also opposes this proposal. John Halsey, 3042 Levante, shared the concerns of his neighbors. He has a problem, since he is also on the Board of Directors of the Boys and Girls Club. Mr. Halsey said the problem of the Boys and Girls Club is urgent and must be solved quickly. The need for organized activities for the young people of that area is great, and the need for facilitif is also great. He felt when the school is built there, measures will be taken to slow the traffic to safer speeds. Mr. Halsey reiterated this would be a temporary use, with the Club moving to the permanent space just as soon as possible. He also mentioned using the building across Che street temporarily. James Courtney, 4914 Avila, Chairman of CARA, asked the Commission to do something for the children. The only community building is the one at Levante, and if the modular cannot be moved across the street, Mr. Courtney asked for some kind of facility to be provided. Commissioner Regan agreed the traffic would be controlled wher the school is built. She asked what other sites had been considered for the modular and why had this situation become so critical. Mrs. Regan agreed this modular does not belong in a residential area. Mr. Sherlock answered Mrs. Regan, stating the Boys and Girls Club was in the process of building a new building. Because of the location of their site, they have to get approval from the Coastal Commission, which is very time-consuming. The plan was to move from the present location to the new site, but that will not be possible. Then Che note was received telling them to vacate within eight weeks. MINUTES PARKS & RECREATION COMMISSION March 17, 1986 Page 3 COMMISSIONERS In discussing the building in Levante Park, the school district had indicated they felt the City had first priority for its use. Mr. Sherlock reiterated the classes would not conflict with any City use during the hours of 2:30 p.m. to 5:30 p.m., except on Fridays. Vice-Chairperson Donovan stated she had talked with the neighbors impacted by that proposed move, and that area is definitely residential. She said the Commission needs to discuss doing something with that property, because it will be brought up again. Mrs. Donovan stated her opposition to using the Levante Center for any exclusive use by any group. She agreed the Commission and the City does have an obligatio to the young people of that area. However, she felt the time element had not allowed a proper study by the Commission. Dave Bradstreet stated staff had suggested the two church properties; one at the end of Levante, since the City had thought about using some of their property for additional ballfields. The high liability involved caused the church to withdraw their offer. The site is off of Levante and off of Rancho Santa Fe Road and close to the existing facilit; The Boys and Girls Club would need to negotiate with the church. The other site suggested was St. Elizabeth Church. Mr. Bradstreet stated staff really had no other sites to recommend, and he felt the Boys and Girls Club people should knock on doors and try to work out some arrangement with some private property. The property across the street on Levante was suggested only if one hundred percent of the neighbors were in favor of the move. Mr. Sherlock, in answer to Commission question, stated only one acre of land is needed for their building at the new site which leaves plenty of land open on their property. However, if they do not get Coastal Commission approval, they will not be able to build there. At the present time, they have not looked elsewhere for a permanent site. Parks & Recreation Commission denied the Boys and Girls Club request to lease the southern most terminus of Levante Canyon for a temporary site for the modular clubhouse. Mr. Halsey stated the Commission should look at the request to use the existing building at Levante, inasmuch as the hours 2:30 p.m. to 5:30 p.m. do not conflict with any program with the exception of Friday afternoon. This would also provide additional income for the City in addition to allowin continuation of present programs. In answer to Commission question, Mr. Halsey stated they could use the school classrooms, after the school is built, but this would not provide any space in the intervening twelve to fourteen months. Commissioners Morrison, Dahlquist and Popovich will meet before the next meeting to study alternative sites for the Boys and Girls Club. Donovan Conti Dahlquist Morrison Popovich Regan MINUTES PARKS & RECREATION COMMISSION March 17, 1986 Page 4 COMMISSIONERS UNFINISHED BUSINESS: A. Scribe Report Vice-Chairperson Donovan called attention to the Scribe Report contained in the packet. B. Senior Citizen Center Feasibility Committee Dave Bradstreet reported on this item, stating there would be a five-member committee, two from the Senior Citizen Commission, two from the Senior Citizens Association and one member from Parks & Recreation Commission. By unanimous consensus of the Commission, Commissioner Conti will represent the Parks & Recreation Commission on this Committee. C. 1984 Park Bond Act - Calavera Hills Community Center This item was explained in Attachment C. D. Stagecoach Community Park Adobe Ruin Grant In answer to Commissioner Regan, Dave Bradstreet stated all possible grants are being applied for on such projects. E. Golf Course Feasibility Study Committee Commissioner Conti stated he felt staff should address all the different aspects of Macario Canyon Park and review the Master Plan, even if this had to be delayed until the end of the year. Commissioner Morrison concurred, adding this would involve another entity, which she felt was unnecessary. Vice-Chairperson Donovan added that other entity would need to be trained by Dave Bradstreet, which would be a burden on him. Commissioner Regan agreed, stating she was not in favor of re-prioritizing staff's work load. Commissioner Dahlquist favored Alternative B, feeling staff was already overworked. Further discussion by Commission determined the majority would like to see the two parks being built at the present time as actual parks before any work is done on Macario Park, Parks & Recreation Commission endorsed Alternative A, as follows: Endorse the outlined projects that staff is presently working on and direct that a work program for the Macario Master Plan revision be initiated after the completion of the two community park projects (including the inclusion of a golf course, theater and sports complex). Commissioner Dahlquist opposed the previous motion, as she felt work should start now on the Macario Master Plan. NEW BUSINESS: A. Boy's and Girl's Club Request to Use City Property This item was taken up out of turn. (See Page One) Donovan Conti Dahlquist Morrison Popovich Regan MINUTES PARKS & RECREATION COMMISSION March 17, 1986 Page 5 COMMISSIONERS B. Operations and Capital/Outlay Budget Dave Bradstreet referred to the 1986-87 budget report and gave a brief overview of the budget. He explained the budget is higher, partly due to the Maintenance Department now being included in Parks & Recreation budget. Mr. Bradstreet explained the Department will save money by using 3/4 time employees rather than part-time. This will involve providing fringe benefits to employees with 30 hours a week employment. Mr. Bradstreet answered Commission questions regarding the budget. One question was regarding equipment at Stagecoach Park. The suggestion was made if Harding Center was torn down, any equipment from that facility could be transferred out to Stagecoach. Parks & Recreation Commission accepted the 1986-97 budget as presented by staff. C. Capital Improvement Project Budget Commissioner Conti discussed the medians in Car Country, stating he felt an assessment district should be formed rather than the City paying for the landscaping. He also asked why the City was purchasing 20 acres in Calavera while not taking any action on Alga Norte Park. Commissioner Conti felt the list was not prioritized correctly. Dave Bradstreet answered Alga Norte has been surveyed and staked. Commissioner Conti asked for a map showing the exact location of the proposed park. Mr. Bradstreet stated the problem with Alga Norte was the dedication of the land would not become a fact until Daon Corporation got approval for the first project. Mr.. Conti stated he would like to review the agreement with Daon and have the land dedicated up front. He further suggested perhaps the City should buy the land for the park and have the developer pay the City back. Vice-Chairperson Donovan inquired about Hosp Grove and Dave Bradstreet stated that issue had been settled years ago. Doug Duncanson explained the City's agreement with Car Country regarding the median. The median became the City's responsibility in 1984. Car Country has requested an upgrading of the landscaping to meet City standards. Commissioner Conti made a motion to forward a recommendation that the Car Country median be funded by an assessment district of car dealers; two, the acquisition of land in the northeast quadrant be postponed until Alga Norte Park has more definitive funding. Commissioner Popovich seconded the motion. The Commission discussed the acquisition of land, land available and the population in the four quadrants. Commissioner Conti stated he was not trying to stop the acquisition of parks, and would, in fact, like to have both the Calavera Park and Alga Norte. Donovan Conti Dahlquist Morrison Popovich Regan MINUTES PARKS & RECREATION COMMISSION March 17, 1986 Page 6 COMMISSIONERS Commissioner Conti amended the second part of his motion to read: land acquisition in the northeast quadrant and quadran four be done simultaneously. The amended motion read: A motion was made to forward a recommendation that Car Country dealers form an assessment district to fund the upgrading of the median on Paseo Del Norte; land acquisition in the northeast quadrant and quadrant four be done simultaneously. Motion failed due to a lack of majority. Parks & Recreation Commission recommended the new landscape, irrigation and design for the median through Car Country be financed by an assessment district of the car dealers. Commissioner Conti made a motion to request Parks & Recreation to pursue the acquisition of land in the northeast quadrant and the southeast quadrant with equal vigor (particularly Alga Norte Park) . The motion was withdrawn. Dave Bradstreet asked for the Commission to review the entire plan. He said the action on Car Country has been noted and the comments regarding land acquisition. If the Commission wants action on the medians on Alga Road, they should indicate that action. Vice-Chairperson Donovan made a motion to include in the 1986-87 budget the landscaping of the medians on Alga Road between El Camino Real and Alicante. Commissioner Conti seconded the motion. The Commission discussed how the determination is made for landscaping certain medians, with Dave Bradstreet stating the developer pays for the landscaping, and when there is no development, it becomes the City's responsibility. The medians on Alga Road were not part of the original negotiatioi The consensus of the Commission was that if the City installe< landscaping on one median, this could set a precedent for other areas of the City. The motion was withdrawn, with the consent of the second. Parks & Recreation Commission accepted the CIP Budget as detailed by staff, with the exception of the Car Country median. RECESS: Vice Chairperson Donovan declared a recess at 7:20 p.m., and the Commission reconvened at 7:25 p.m., with six Members present. Donovan Conti Dahlquist Morrison Popovich Regan Donovan Conti Dahlquist Morrison Popovich Regan s. Donovan Conti Dahlquist Morrison Popovich Regan X X X X X X X X X X X X X X X X X X X X X MINUTES PARKS & RECREATION COMMISSION March 17, 1986 Page 7 COMMISSIONERS D. Stagecoach Community Park Ballfield Grading Dave Bradstreet reported the grading for phase I has been approved and the City is ready to pay everything but 5% in case rain causes any problem. The grading contractor feels he has performed work beyond the scope of the contract . If he can prove this to the City, they will issue a change order for additional costs. To date, the contractor has not been able to prove this allegation. There has been one change order of approximately one thousand dollars to shore up the base of the crib wall. E. Mayor's Summary Report This report was part of the packet. F. Reconsideration of Cannon Lake for Senior Citizen Center Site Vice Chairperson Donovan stated this item was at her request. She felt there should be reconsideration given to building the Senior Center at Cannon Lake. Commissioner Conti made a motion to instruct Parks & Recreation representative to the Senior Citizen Facility Committee to bring up the possibility of Cannon Lake as the site for the senior center. Commissioner Popovich seconded the motion. Commissioner Dahlquist stated the main objection of the seniors was the location. This was not walking distance of where the bulk of the seniors live. Vice-Chairperson Donovan inquired whether van transportation is provided for the seniors, and Sue Spickard, Senior Citizen Coordinator answered there is van transportation and it could be expanded. That is the responsibility of the Senior Citizens Association. Commissioner Conti asked how many seniors take advantage of programs at the senior center and Mrs. Spickard answered the Association has over 2,000 active members. Commissioner Regan commented if the Harding Street Center is strictly a senior center, that quadrant would be void of a community center. She asked that message be given to the committee. Dave Bradstreet stated the seniors were taken to Cannon Lake Park several times, but when the committee members returned to their groups, the vote was to consider the Harding Street site. Commissioner Conti, with the consent of the second, withdrew his motion to consider Cannon Lake as the senior center site. G. Snackbar Request for the Carlsbad Swim Complex Dave Bradstreet stated this item was an information item. The snackbar would be outside at swim meets only. In answer to query, staff stated a list of the proposed snacks would be available* MINUTES PARKS & RECREATION COMMISSION March 17, 1986 Page 8 COMMISSIONERS Parks & Recreation Commission approved the snackbar request for swim complex as long as there is no conflict with the regular snackbar. This snackbar is to be outside of the building and to be restricted to the same items as sold by the City snackbar. This snackbar is to be operated by the Carlsbad High School Aquatics Program. H. Proposed Increase in Swim Complex Fees Dave Bradstreet explained the change in fees as recommended. Parks & Recreation Commission approved the recommended changes in swim complex fees as presented. Vice-Chairperson Donovan commented the Harding Street Center was built in 1926 and has some historical significance. I. Letter to Commission from Donald Jackson Reference was made to this letter, a copy of which was included in the packet. J. Letter to Commission from Barbara Ladwig A copy of this letter was included in the packet. K. Review Parks Land Proposed by Hunt Development Commissioners Regan, Popovich and Dahlquist will meet for a tour of the Hunt property. Dave Bradstreet stated he would take another group at another time. L. Update of Calavera Hills Community Park Dave Bradstreet reported the plans have been reviewed and are being corrected. This will go out to bid approximately April 1. Ron Paige stated this cannot go out to bid until the roads are completed, and they are being graded at the present time. This may not go to contract for two or three months. M. Update Fuerte Park Dave Bradstreet reported this item is explained on the Agenda. N. Update Stagecoach Community Park Dave Bradstreet reported this park will be built as designed. 0. Policy Regarding Emergency PRC Meetings The Commission discussed telephone surveys versus special meetings, with the consensus of opinion being the Commissioner|s should be called by telephone. If the topic is important enough to require a special meeting, that could be expressed by the Commissioners at that time. Mr. Bradstreet could then call a special meeting. Commissioner Regan asked for more information about the Brown Act; what needs to be noticed and what doesn't. She felt that information was needed first. Then action could be taken next month on emergency policy for the Commission. Donovan Conti Dahlquist Morrison Popovich Regan Donovan Conti Dahlquist Morrison Popovich Regan MINUTES PARKS & RECREATION COMMISSION March 17, 1986 Page 9 COMMISSIONERS P. CARA Minutes Commissioner Conti withdrew his request for comment. COUNCIL REPORT; Council Member Pettine was not present. ADDITIONAL BUSINESS: The March 22 track meet will be held at Levante. A Commissioner is needed to greet the contestants and give out awards. Commissioners Regan and Donovan volunteered to attend this meet, if their schedules permit. SCRIBE REPORT; Commissioner Regan gave the Scribe Report. ADJOURNMENT; By proper motion, the Meeting of March 17, 1986, was adjourne at 8:19 p.m. Respectfully submitted, Harriett Babbitt Minutes Clerk §54950 GOVERNMENT CODE An agreement entered into between • school district and a phvate corporation, providing for performance by the corporation of research and development work and services for a fee, could not be said to violate the open meeting provisions of Ed. Code, §966, or Gov. Code, § 54950, where no specific violation of these sections was pointed out, and where the agreement did not. in any way, prohibit or inhibit public meetings and deliberations. Moreover, provisions of the Public Records Act permit a school board to receive information in confidence, and the agreement specifically provided for release of such infor- mation in case of a reasonable and proper need therefor. California School Employees Also, v Sunnyvale Elemen- tary School Dist (1973) 36 CA3d 46, 111 Cal Rptr 433. In a mandamus proceeding, the trial court erred in ordering a school board to set aside its decision to transfer a teacher to another school in the district on the ground that the teacher made a request for a public hearing on the matter, but that the board denied the request and that such denial constituted a violation of the Brown Act (Gov. Code. §§54950-54960). prohibiting executive sessions when an employee requests a public hearing, as the only remedy for violation of the act is the criminal remedy prescribed in the statute. Griswold v Mt. Diablo Unified School Dist. (1976) 63 CA3d 648, 134 Cal Rptr 3. A school board's consideration in executive session as to whether to accept or reject a hearing officer's decision recommending termination of .school district employees did not in and of itself deny the employees recommended for termination of a fair hearing, where the employees requested a public hearing, even though the board's consideration of the matter in executive session was in violation of the Brown Act (Gov. Code, § 54950 et seq.). And the validity of the action taken by the Board was not affected by the violation of the Brown Act. Santa Clara Federation of Teachers v Governing Board (1981) 116 CA3d 831, 172 Cal Rptr 312. A county board of supervisors did not violate the open meeting requirements of the Brown Act (Gov. Code, § 54950 et seq.), by conferring privately with the county counsel during a public hearing at which an environmen- tal impact report (EIR) on a proposed food processing plant was being considered, where it reasonably inferred that a statement by counsel for plaintiffs that the EIR before it had significant defects which precluded the board from legally approving it was a threat of a specific lawsuit. The Brown Act does not abrogate the evidentiary privilege of attorney-client confidential communications, under which the opportunity for private legal consultation is assured for public as well as private clients. Sutler Sensible Planning, Inc. v Board of Supervisors (1981, 3d Dist) 122 Cal App 3d 813, 176 Cal Rptr 342. § 54951. "Local agency" 57 Ops Any Gen 189 (application of this chapter to county boards of education when determining matter of school district attendance of student). A housing authority created pursuant to Health & Saf. Code, § 34200 et seq.. is a "local agency" within the meaning of the Brown Act (Gov. Code, § 54950 et seq.; open meetings), and is not a "state agency" within the scope of the State Agency Open Meeting Act (Gov. Code, §11120 et seq.). Torres v Board of Comrs. (1979) 89 CA3d 545, 152 Cal Rptr 506. § 54951.7. "Local agency" "Local agency" includes any nonprofit corporation, created by one or more local agencies, any one of the members of whose board of directors is appointed by such local agencies and which is formed to acquire, construct, reconstruct, maintain or operate any public work project. Amended Stats 1981 ch 968 § 24. Amendment!: 19*1 Amendment: (1) Substituted "local" for "public" before "agencies" wherever it appears; and (2) added "any one of the members of. § 54952. "Legislative body" A proposed meeting of two members of a city council and two members of the city's planning commission to interview applicants for a vacancy on the commission, and to make a joint recommendation to the council regarding appointment of a commissioner, was subject to the provi- sions of the Ralph M. Brown Act (Gov. Code, § 54950 et seq.) requiring all meetings of the legislative body of a local agency to be open and public. The exclusion from the definition of "legislative body" under Gov. Code, § 54952.3, of a committee composed solely of members of the governing body of a local agency which are less than a quorum of such governing body, had no application under the circumstances. Although the council and com- mittee members who were to attend the meeting consti- tuted less than a quorum of their respective bodies, the meeting was to be of an "advisory committee" within the meaning of the statutory definition of "legislative body." Furthermore the proposed interview committee was cre- ated by "formal action" of the city council even though the interview procedure was contingent upon the willing- ness of members of the commission to serve on the committee. Joiner \ City of Sebastopol (1981, 1st Dist) 125 Cal App 3d 799, 178 Cal Rptr 299. § 54952.2. Additional definition of "legislative body" Asjised in this chapter, "legislative body" also means any board, commission, committee, or similar mumuiC^Ser body which exercises any authority of a legislative body of a local agency delegated to it by u«.: irj—'inve body. Added Stats 1981 ch 968 § 25. § 54952.3. "Legislative body": Advisory commissions, committees, or bodies As used in this chapter "legislative body" also includes any advisory commission, advisory committee or advisory body of a local agency, created by charter, ordinance, resolution, or by any similar formal action of a legislative body or member of a legislative body of a local agency. Meetings of such advisory commissions, committees or bodies concerning subjects which do not require an examination of facts and data outside the territory of the local agency shall be held within the territory of the local agency and shall be open and public, and notice thereof must be delivered personally or by mail at least 24 hours before the time of such meeting to each person who has requested, in writing, notice of such meeting. If the advisory commission, committee or body elects to provide for the holding of regular meetings, it shall provide by bylaws, or by whatever other rule is utilized by that advisory body for the conduct of its business, for the time and place for holding such regular meetings. No other notice of regular meetings is required. 196 |12 Gov Coda) Attachment B rGOVERNMENT CODE § 54953 "Legislative body" as defined in this section does not include a committee composed solely of members of the governing body of a local agency which are less than a quorum of such governing body. The provisions of Sections 54954, 54955, 54955.1, and 54956 shall not apply to meetings under this section. Amended Stats 1975 ch 959 § 7; Stats 1981 ch 968 § 26. Amendments: 1975 Amendment Added "or member of such governing body" in the first paragraph. 1981 Amendment: Substituted "legislative body or member of a legislative body" for "governing body or member of such governing body" in the first paragraph. Cal Jur 3d Schools § 160. Closed session meetings with counsel may be held when meetings concern committee's powers and duties to advise Board of Supervisors on airport matters. (1984) 67 Ops Ally Gen 111. The Brown Act (Gov. Code, § 54950 et seq.), providing and two members of the city's planning commission to that all meetings of the legislative body of a local agency interview applicants for a vacancy on the commission, and shall be open and public, did not require that ad hoc to make a joint recommendation to the council regarding advisory committees, created by a board of education and appointment of a commissioner, was subject to the provi- composed solely of members of the governing body of the sionl of the Ralph M. Brown Act (Gov. Code. § 54950 etdistrict which constituted less than a quorum of the } requiring aU meeting, Or the legislative body of agoverning body, meet u public session in <»^»«S and ^ £ t£) ^ £d bhc The eKiusion fromww.i=eS»jr-=£s meeting requirements in case of ad hoc advisory commit- the governing body of a local agency which are less than tees comprised solely of members of the governing body » 1uorum of !uch governing body, had no application of the local agency and which are less than a quorum of und«-the circumstances. Although the council and com- the governing body. Accordingly, plaintifls who sought to n»«ee members who were to attend the meeting consti- restrain the board from conducting such private meetings '"ted less than a quorum of their respective bodies, the were not entitled to attorney fees under Gov. Code, meeting was to be of an "advisory committee" within the § 54960.5, authorizing an award of fees and costs in an meaning of the statutory definition of "legislative body." action to prevent violations of threatened violations of the Furthermore the proposed interview committee was cre-act, since the board neither violated nor threatened to ated by "formal action" of the city council even though violate any of the provisions of the act Henderson v the interview procedure was contingent upon the willing-Board of Education (1978) 78 CA3d 875, 144 Cal Rptr nesj of members of the commission to serve on the 5°°- committee. Joiner v City of Sebastopol (1981, 1st Dist) A proposed meeting of two members of a city council 125 Cal App 3d 799, 178 Cal Rptr 299. § 54952J. "Legislative body": Permanent boards or commissions Witkin Summary (8th ed) p 3625. 57 Ops Ally Gen 189 (application of this chapter to county boards of education when determining matter of school district attendance of student). § 54952.7. Giving copy of chapter to member of legislative body A legislative body of a local agency may require that a copy of this chapter be given to each member of the legislative body. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. Added Stats 1980 ch 1284 § 17; Amended Stats 1981 ch 968 § 27. Amendments: 1981 Amendment: Added "all or a majority of. § 54953. Meetings to b« open and public Witkin Summary (8th ed) p 3624. Cal Jur 3d Municipalities §§ 172, 183, Zoning and Other Land Controls § 31. Organizations and administrative practice. (1974) 26 Hast LJ 89. 57 Ops Atty Gen 209 (prohibition against board of supervisors' meeting in executive session to review and decide on position it will take on meeting and conferring with representatives of employee organization, without use of designated representative; propriety of the board's appointing from its membership members to act as its designated representative with whom it may meet and confer in executive session). 58 Ops Atty Gen 839 (a county board of supervisors may attend a closed session of a county grand jury which is held in exercise of the grand jury's investigatory powers without violating the Ralph M. Brown Act requiring that meetings of the legislative body of a local agency be open and public). 61 Ops Atty Gen 1 (A "meet and confer" session held pursuant to Government Code, § 3505 between representatives of a county employee association and representatives of the board of supervisors, is not required to be open to the public. There is no legal requirement that the employee representative be allowed to tape-record the session. Such matter appears to be one to be settled between both sides in establishing "ground rules" for the session). 61 Ops Atty Gen 10 (An executive session may not be held to discuss complaints against presiding officers of the governing body of a city, county or special district). It is a violation of the Brown Act. [Gov. Code, §§ 54950, et seq.] for members of a community redevelopment agency to hold a series of closed meetings with the city council or the city planning commission to convey information regarding the agency's business on or about the same date despite the fact that a quorum of any governmental body is not present at any given meeting. 63 Ops Atty Gen 820. Closed session meetings with counsel may be held when meetings concern committee's powers and duties to advise Board of Supervisors on airport matters. (1984) 67 Ops Atty Gen 111. |12 Gov Code) 197 B-l §54953 GOVERNMENT CODE 1. In General; Scope of Statute In an action under a complaint challenging the validity of the election of officen of a city's Museum Advisory Commission on the ground that the election originated in a secret meeting in violation of Gov. Code, § 54950 etseq., governing local agencies' meetings, a summary judg- ment for defendants was proper, where it appeared that the meeting came within the Gov. Code. $ 549ST, excep- tion to the open meeting requirement of Gov. Code, § 54933, and that, therefore, the persons who had beenchosen had been legally selected for their offices. Edgar v Oakland Museum Advisory Com. (1973) 36 CA3d 73, 111 CalRptr364. The Legislature intended that all state and local agen- cies be included under the provisions of some open meeting act (the Brown Act, Gov. Code, § 54950 et seq.;the State Act, Gov. Code, § 11120 et seq.), unless ex- pressly excluded. Torres v Board of Comrs. (1979) 89 CA3d 545, 152 Cal Rptr 506. The term "municipal corporation" is broader than theterm "city", particularly when both terms appear in the same statute. Thus, under the Brown Act (Gov. Code, § 54950 et seq.; requirements of open meetings for local agencies, including cities, counties, school districts andmunicipal corporations), the term municipal corporation includes such entities as housing authorities. Torres v Board of Comrs. (1979) 89 CA3d 545. 152 Cal Rptr 506. There are no agenda notice requirements under theBrown Act (Gov. Code, § 54950 et seq.), for a regularopen meeting of a local agency. Thus, a local housing authority did not violate the Brown Act by failing to give notice of its intent to consider, at a regular meeting,terminating a tenants' union's lease of housing authority property. The usual practice of the authority had been to end regular meetings with an attorney-client conference. The union representatives had left the meeting at issue at that point, unaware that the meeting would be reconvened for consideration of their lease. Torres v Board of Comrs. (1979) 89 CA3d 545. 152 Cal Rptr 506. The Brown Act (Gov. Code, } 54950 et seq.), providing that all meetings of the legislative body of a local agency shall he open and public, reflects a legislative determina- tion tin public agencies in this state exist to aid in theconduct of the people's business, and an intent that their actions be taken openly and that their deliberations be conducted openly. The term "deliberation" has been broadly construed to connote not only collective discus- sion, but the collective acquisition and exchange of facts preliminary to the ultimate decision. Thus, the trial courterred in refusing to grant an injunction to restrain a boardof education and its superintendent from conducting closed executive sessions, where the school board had met in a closed session with prospective contractors, a "con-sortium" of three real estate specialists, to discuss with those persons their qualifications to assist the board in disposing of surplus real property, where the specialists were engaged because of their expertise to perform special services and were not subject to control as to the details of its accomplishment, and thus were independent con- tractors and not employees as that term is generally used or as it is used in the exception contained in Gov. Code,§ 54957, permitting closed sessions during a regular or special meeting to consider the appointment, employment,or dismissal of a public employee, and where the meeting did not fall within any other exception to the general statutory requirement of open meetings. Rowen v Santa Clara Unified School Dist (1981) 121 CA3d 231, 175 CalRpir 292. A proposed meeting of two members of a city council and two members of the city's planning commission to interview applicants for a vacancy on the commission, and to make a joint recommendation to the council regarding appointment of a commissioner, was subject to the provi- sions of the Ralph M. Brown Act (Gov. Code, § 54950 et seq.) requiring all meetings of the legislative body of a local agency to be open and public. The exclusion from the definition of "legislative body" under Gov. Code, § 54952.3, of a committee composed solely of members of the governing body of a local agency which are less than a quorum of such governing body, had no application under the circumstances. Although the council and com- mittee members who were to attend the meeting consti- tuted less than a quorum of their respective bodies, the meeting was to be of an "advisory committee" within the meaning of the statutory definition of "legislative body." Furthermore the proposed interview committee was cre- ated by "formal action" of the city council even though the interview procedure was contingent upon the willing- ness of members of the commission to serve on the committee. Joiner v City of Sebastopol (1981, 1st Dist) 125 Cal App 3d 799, 178 Cal Rptr 299. The open meeting requirements of the Brown Act (Gov. Code. § 54953) must be interpreted liberally in favor of openness, and the "personnel exception" in Gov. Code, § 54957 (executive sessions: purpose) must be con- strued narrowly. San Diego Union v City Council (1983, 4th Dist) 146 Cal App 3d 947, 196 Cal Rptr 45 Although a charter city has complete control over its municipal affairs and has direct constitutional power to determine the compensation of its officers and employees (Cal. Const., art XI, § 5, subds. (a), (b)), the Brown Act(Gov. Code, § 54950 et seq.), requiring open meetings of the city council when salaries of nonelected city officers or employees are discussed and determined, does not imper- missibly infringe in any manner upon this authority. Rather, the procedural nature of the Brown Act's guar- anty all meetings of a governmental body be open to the public unless expressly exempted by statute, designed to eliminate much of the secrecy surrounding the delibera- tions and decisions on which public policy is predicated, addresses a genuine and pure matter of statewide concern. The fundamental nature of this openness requirement does not impede the city's exercise of its plenary authorityover the establishment of compensation for its executive appointees. The Brown Act does not conflict with any substantive power constitutionally conferred upon charter cities. San Diego Union v City Council (1983, 4th Dist) 146 Cal App 3d 947. 196 Cal Rptr 45 3. Practice and Procedure A former probationary teacher could not successfullyclaim invalidity of the district Board of Education's decision not to reemploy him on the basis that the decision was the result of closed meetings in violation of Gov. Code, § 54953 (a part of the Brown Act) and Ed.Code, § 966. Gov. Code, § 54957 'permits executive ses- sions to consider dismissal of a public employee unless the employee requests a public hearing, and the record did not establish that such a request was made. Moreover, theprocedural action taken in executive session resulted in minor prejudice, if any, and, in any event, an action taken in violation of the Brown Act is not void, but merely subjects the members of the governing board to criminal penalties. Greer v Board of Education (1975) 47 CA3d 98, 121 Cal Rptr 542. § 54953.1. Construction of chapter regarding right of members of legislative body of local agency to give testimony in private The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body. Added Stats 1979ch950§ 1. Review of Selected 1979 California Legislation. 11 Pacific U 463. § 54953 J. Registration, etc., not to be required as condition for attendance by member of public at meetings A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. 198 (12 Gov Code] B-2 GOVERNMENT CODE § 54956 If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document Amended Stati 1981 ch 968 § 28. Amendments: 1981 Amendment: (1) Amended the first paragraph by (•) adding "or her" wherever it appears; and (b) substituting ", to provide" for "and"; and (2) added the second paragraph. Cal Jur 3d Municipalities $ 172. § 54953.5. Recording proceedings Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings on a tape recorder in the absence of a reasonable finding of the legislative body of the local agency that such recording constitutes, or would constitute, a disruption of the proceedings. Added Stats 1980 ch 1284 § 18. § 54953.7. Access to meetings beyond minimal standards Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such requirements on those appointed legislative bodies of the local agency of which all or a majority of • the members are appointed by or under the authority of the elected legislative body. Added Stats 1981 ch 968 { 29. I § 54954. Rules for conduct of business: Time and place for holding regular meetings 38 Opi Atty Gen 554 (location of meetings and sessions of board of supervisors). ! § 54954.1. Mailed notice of meetings, on request therefor; Charge '. 62 Ops Atty Gen 658 (a "reasonable charge" within the meaning of Government Code, § 54954.1 is essentially a factual question. The estimated cost of providing such service predicated upon any reasonable cost accounting basis would satisfy the provisions of the section). § 54955. Adjournment of meetings Cal Jur 3d Municipalities § 175. 5.54956. Special meetings' A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by mail written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice shall be delivered personally or by mail and shall be received at least 24 hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the legislative body. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Notice shall be required pursuant to this section regardless of whether any action is taken at the special meeting. Amended Stats 1980 ch 1284 § 19. Amendment*: 1980 Amendment: (1) Amended the second sentence by (a) substituting "shall" for "must" after "Such notice"; and <o) adding "and shall be received" after "by mail"; and (2) added the last sentence. Note—Stats 1973 ch 358, effective August 31. 1973, provides: § 7. Notwithstanding the provisions of Section 29100 and 29100.1 of the Government Code or any other provision of law, property tax rales for all local agencies, as denned in Section 2211 of the Revenue and Taxation Code, shall be fixed for the 1973-1974 fiscal year on or before September 14, 1973. Notwithstanding any other provision of law a local agency may reopen hearings on its budget for the 1973-1974 fiscal year and may change or alter such budget prior to September 11, 1973; provided however, that any such local agency shall comply with the provisions of Section 54956 of the Government Code prior to reopening budget hearings. Witldn Summary (8th ed) p 3625. 45 Cal Jur 3d Municipalities §§ 172, 183. 62 Ops Alty Gen 658 (Government Code. § 54956 does not require the legislative body of a special district to give the 24-hour notice of a special meeting to the local newspaper of general circulation unless the newspaper has requested such notice in advance). 199 B-3 § 54956 GOVERNMENT CODE It is settled that the governing board of a school district Junior College Dist. (1974) 42 CA3d 394, 116 Cat Rptrmay hold executive sessions to consider and even act 833. upon personnel matters unless the employee affected has requested a public hearing. Krausen v Solano County § 549563. Emergency meetings; Notice In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with the 24-hour notice requirement of Section 54956. For purposes of this section, "emergency situation" means any of the following: (a) Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. (b) Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. However, each local newspaper of general circulation and radio or television station which has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting by telephone and shall exhaust all telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings. In the event that telephone services are not functioning the notice requirements of this section shall be deemed waived, and the legislative body, or designee thereof, shall notify such newspapers, radio stations, or television stations of the fact of the holding of the special meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. Notwithstanding the provisions of Section 54957, the legislative body shall not meet in closed session during a meeting called pursuant to this section. All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee thereof, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at such meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. Added Stats 1979 ch 223 j 1; Amended Stats 1981 ch 968 § 30. 1981 AmodaMnt: (1) Substituted "emergency" for "special" in the first and third paragraphs; and (2) substituted "closed" for "executive" in the fourth paragraph. § 54956.6. Fee* No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifically authorized by this chapter. Added Stats 1980 ch 1284 § 20. § 54956.7. Issuance of license or renewal to person with criminal record; Determination in closed session; Withdrawal of application; Confidentiality Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as a result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license. Added Stats 1982 ch 298 § 1. § 54956.8. Closed sessions regarding real property negotiations Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies the real property or real properties which the negotiations may concern and the person or persons with whom its negotiator may negotiate. For the purpose of this section, the negotiator may be a member of the legislative body of the local agency. For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9. 200 [12GovCode] B-4 GOVERNMENT CODE § 54957 Added Slits 1984 ch 1126 § 2. § 54956.9. Closed sessions regarding pending litigation Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation. For purposes of this section, litigation shall be considered pending when any of the following circum- stances exist: (a) An adjudicatory proceeding before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator, to which the local agency is a party, has been initiated formally. (b) (1) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency; or (2) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (1) of this subdivision. (c) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state publicly to which subdivision it is pursuant. If the session is closed pursuant to subdivision (a), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency's ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. The legal counsel of the legislative body of the local agency shall prepare and submit to the body a memorandum stating the specific reasons and legal authority for the closed session. If the closed session is pursuant to subdivision (a), the memorandum shall include the title of the litigation. If the closed session is pursuant to subdivision (b) or (c), the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the body prior to the closed session if feasible, and in any case no later than one week after the closed session. The memorandum shall be exempt from disclosure pursuant to Section 6254.1. For purposes of this section, "litigation" includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. Added Stats 1984 ch 1126 §3. § 54957. Closed sessions Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions with the Attorney General, district attorney, sheriff, or chief of police, or their respective deputies, on matters posing a threat to the security of public buildings or a threat to the public's right of access to public services or public facilities, or from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, or dismissal of a public employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing. The legislative body also may exclude from any such public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. For the purposes of this section, the term "employee" shall not include any person elected to office, or appointed to an office by the legislative body of a local agency; provided, however, that nonelective positions of city manager, county administrator, city attorney, county counsel, or a department head or other similar administrative officer of a local agency shall be considered employee positions; and provided, further that nonelective positions of general manager, chief engineer, legal counsel, district secretary, auditor, assessor, treasurer, or tax collector of any governmental district supplying services within limited boundaries shall be deemed employee positions. Nothing in this chapter shall be construed to prevent any board, commission, committee, or other body organized and operated by any private organization as denned in Section S4952 from holding closed sessions to consider (a) matters affecting the national security, or (b) the appointment, employment, evaluation of performance, or dismissal of an employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing. Such body also may exclude from any such public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. Amended Stats 1975 ch 959 § 8; Slats 1980 ch 1284 § 21; Stats 1982 ch 298 § 2. Amendments: 1975 Amendment: (1) Amended the first paragraph by deleting (a) "officer or" after "dismissal of a public", after "against such" and after "unless such"; and (b) "public officer," after "by another" in the first sentence; (2) added the second paragraph; and (3) amended the third paragraph by (a) deleting "officer or" after "dismissal of an" and after "against such"; and (b) substituting "person or employee unless such" for "officer, person, or employee unless such officer or" in the first sentence. 1980 Amendment: (1) Amended the first sentences of the first and third paragraphs by (a) substituting "closed" for "executive" wherever it appears; and (b) adding the commas after "employment"; (2) substituted "closed" for "private" in the second sentences of the first and third paragraphs; (3) amended the second paragraph by adding (•) "elected to office, or" after "any person"; and (b) the comma after "treasurer"; and (4) substituted "Such" for "Said" at the beginning of the second sentence of the third paragraph. [12 Gov Coda] 201 B-5 §54957 GOVERNMENT CODE 1987 Amendment: Added "evaluation of performance," after "appointment, employment," in the first sentence of (he first paragraph and in the first sentence of the last paragraph. Witkin Summary (8th ed) pp 3626, 3627. Cal Jur 3d Municipalities § 172, Schools § 160. 61 Ops Atty Gen 1 (A "meet and confer" session held pursuant to Government Code, § 3505 between representatives of a county employee association and representatives of the board of supervisors, is not required to be open to the public. There is no legal requirement that the employee representative be allowed to tape-record the session. Such matter appears to be one to be settled between both sides in establishing "ground rules" for the session). 61 Ops Atty Gen 10 (An executive session may not be held to discuss complaints against presiding officers of the governing body of a city, county or special district). 61 Ops Atty Gen 283 (county board of supervisors may not hold executive sessions to discuss job performance or salaries of elected officers, but board may hold executive sessions to discuss job performance of employees as defined in Gov C § 54957; no notice or opportunity to be heard need be given to the official or other employee. Gov C § 25307 precludes a board of supervisors from holding executive sessions the primary purpose of which is to discuss salaries even as to employees as so denned). Privileged nature of statements or utterances by member of school board in course of official proceedings. 85 ALR34 1137. The word "appointment," as used in Gov. Code, f 54957, declaring that nothing in the chapter of that code governing local agencies' meetings is to be construed to prevent the legislative body of a local agency from holding executive sessions during a regular or special meeting to consider the "appointment," employment or dismissal of a public officer, includes the choosing, by a public body, of its own officers, and is not restricted to the action of such a body in appointing some person to a separate position or group. Edgar v Oakland Museum Advisory Com. (1973) 36 CA3d 73, 111 Cal Rptr 364. In an action under a complaint challenging the validity of the election of officers of a city's Museum Advisory Commission on the ground that the election originated in a secret meeting in violation of Gov. Code, § 54950 et seq., governing local agencies' meetings, a summary judg- ment for defendants was proper, where it appeared that the meeting came within the Gov. Code, § 54957, excep- tion to the open meeting requirement of Gov. Code, § 54953, and that, therefore, the persons who had been chosen had been legally selected for their offices. Edgar v Oakland Museum Advisory Com. (1973) 36 CA3d 73, 111 Cal Rptr 364. A former probationary teacher could not successfully claim invalidity of the district Board of Education's decision not to reemploy him on the basis that the decision was the result of closed meetings in violation of Gov. Code, § 54953 (a part of the Brown Act) and Ed. Code, $ 966. Gov. Code, § 54957 permits executive ses- sions to consider dismissal of a public employee unless the employee requests a public hearing, and the record did not establish that such a request was made. Moreover, the procedural action taken in executive session resulted in minor prejudice, if any, and, in any event, an action taken in violation of the Brown Act is not void, but merely subjects the members of the governing board to criminal penalties. Greer v Board of Education (1975) 47 CA3d 98, 121 Cal Rptr 542. The Brown Act (Gov. Code, § 54950 et seq.), providing that all meetings of the legislative body of a local agency shall be open and public, reflects a legislative determina- tion that public agencies in this state exist to aid in the conduct of the people's business, and an intent that their actions be taken openly and that their deliberations be conducted openly. The term "deliberation" has been broadly construed to connote not only collective discus- sion, but the collective acquisition and exchange -_f facts preliminary to the ultimate decision. Thus, the trial court erred in refusing to grant an injunction to restrain a board of education and its superintendent from conducting closed executive sessions, where the school board had met in a closed session with prospective contractors, a "con- sortium" of three real estate specialists, to discuss with those persons their qualifications to assist the board in disposing of surplus real property, where the specialists were engaged because of their expertise to perform special services and were not subject to control as to the details of its accomplishment, and thus were independent con- tractors and not employees as that term is generally used or as it is used in the exception contained in Gov. Code, § 54957, permitting closed sessions during a regular or special meeting to consider the appointment, employment, or dismissal of a public employee, and where the meeting did not fall within any other exception to the general statutory requirement of open meetings. Rowen v Santa Clara Unified School Dist. (1981) 121 CA3d 231, 175 Cal Rptr 292. In a mandamus proceeding in which a former sheriffs department employee sought reinstatement to his position of lieutenant, the record did not support allegations that the county civil service commission met in unlawful secrecy and acted with the improper participation of its president in sustaining the lieutenant's suspension and discharge. A public agency may consider the dismissal of a public employee in a closed meeting (Gov. Code, § 54957), and there was not a scintilla of evidence that the president participated in the decision to sustain the offi- cer's discharge. The only evidence presented established that he participated neither in the discussion of the matter nor in the decision made. There was no evidence of impropriety, and. in the absence of evidence to the con- trary, it is presumed that a public official has performed his duty in a regular manner. Titus v Civil Service Com. (1982, 2d Dist) 130 Cal App 3d 357, 181 Cal Rptr 699. The Brown Act (Gov. Code, § 54950 et seq.) prohibited a city council from meeting in executive session for the express purpose of discussing and determining salaries of nonelected city officers or employees enumerated in Gov. Code, § 54957 (executive sessions: purpose); however, where a specified employee's performance was to be evaluated, an executive session could be held for that limited purpose unless the employee requested a public session. Although the Brown Act provides for a "person- nel exception" in § 54957, allowing closed sessions when a governmental entity is "meeting to consider the appoint- ment, employment, evaluation of performance or dismissal of a public employee . . . unless such employee requests a public hearing," the terms "employment" and "evaluation of performance" should not be broadly interpreted so as to encompass the terms and conditions of continued employment of which salary level determination is an integral part. Had the Legislature intended the "personnel exception" to permit closed hearings for the determination of public employees' salaries, it could have easily included such authorization when it enacted Gov. Code, § 54957.6, in 1968. which permits the governmental body to meet in executive session with its representative in collective bar- gaining negotiations to design negotiating strategy, or when it amended § 54957 in 1982 to add the "evaluation of performance" exception. San Diego Union v City Council (1983, 4th Dist) 146 Cal App 3d 947, 196 Cal Rptr 45 § 54957.1. Public report of employment decisions The legislative body of any local agency shall publicly report at the public meeting during which the closed session is held or at its next public meeting any action taken, and any roll call vote thereon, to appoint, employ, or dismiss a public employee arising out of any closed session of the legislative body. Added Stats 1975 ch 959 § 9; Amended Stats 1977 ch 89 § 1; Stats 1980 ch 181 § 1, ch 1284 f 22. 202 [12 Gov Code) B-6 GOVERNMENT CODE § 54957.6 Amendments: 1977 Amendment Substituted "its next" for "a subsequent".1980 Amendment: (1) Added " the public meeting during which the closed session is held or at"; (2) substituted "any" for "the" after "taken, and"; and (3) substituted "closed" for "executive" after "out of any". (As amended by Stats1980, ch 1284, compared to the section at it read prior to 1980. This section was also amended by an earlier chapter, ch 181. See Gov C § 9605.) 63 Ops Atty Ceo 215 (Gov. Code, § S49S7.1 does not require the board of directors of a hospital district to report at its next public meeting action taken by it in executive session to set the compensation of its hospital administrator. However, that compensation, as an integral part of the hospital administrator's employment contract, would be a matter of public record under Gov. Code, § 62S4.8). § 54957 J. Minute book (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may, but need not, consist of a recording of the closed session. (b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). Added Stan 1976 ch 1363 J 1; Amended Stats 1980 ch 1284 § 23; Stats 1981 ch 968 § 31. Amendments 1980 Amendment: (1) Designated the former section to be subd (a); (2) amended subd (a) by substituting (a) "closed" for "executive" in the first and last sentences; (b) "of for a comma after "Division 7"; and (c) "a closed" for "an executive" after "occurred at" in the third sentence; and (3) added subd (b). 19*1 Amendment Added "or a majority" in subd (b). § 54957.5. Agenda and other "writing" as public record; Inspection (a) Notwithstanding Section 6255 or any other provisions of law, agendas of public meetings and other writings, when distributed to all, or a majority of all, of the members of a legislative body of a local agency by a member, officer, employee, or agent of such body for discussion or consideration at a public meeting of such body, are public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) as soon as distributed, and shall be made available pursuant to Sections 6253 and 6256. However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6254, or 6254.7. (b) Writings which are public records under subdivision (a) and which are distributed prior to commencement of a public meeting shall be made available for public inspection upon request prior to commencement of such meeting. (c) Writings which are public records under subdivision (a) and which are distributed during a public meeting and prior to commencement of their discussion at such meeting shall be made available for public inspection prior to commencement of, and dunng, their discussion at such meeting. (d) Writings which are public records under subdivision (a) and which are distributed during their discussion at a public meeting shall be made available for public inspection immediately or as soon thereafter as is practicable. (e) Nothing in this section shall be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6257. The writings described in subdivisions (b), (c), and (d) are subject to the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250), Division 7, Title 1), and subdivisions (b), (c), and (d) shall not be construed to exempt from public inspection any record covered by that act, or to limit the public's right to inspect any record required to be disclosed by that act. This section shall not be construed to be applicable to any writings solely because they are properly discussed in a closed session of a legislative body of the local agency. Nothing in this chapter shall be construed to require a legislative body or a local agency to place any paid advertisement or any other paid notice in any publication. (0 "Writing" for purposes of this section means "writing" as defined under Section 6252. Added Stats 1980 ch 1284 § 24; Amended Stats 1981 ch 968 § 32. Amendments:1981 Amendment: (1) Added "California" in subd (a); (2) amended the third sentence of subd (e) by (a) substituting "beconstrued to be applicable" for "apply"; Cb) adding "solely because they are"; and (c) substituting "a" for "the" before "legislative body"; and (3) added the last sentence of subd (e). § 54957.6. Closed sessions regarding employee matters (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, compensation paid in the form of fringe benefits of its represented and unrepresented employees. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives. Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. [12Gov Code) 203 B-7 § 54957.6 GOVERNMENT CODE (b) In addition to the closed sessions authorized by subdivision (a), the legislative body, as defined by Sections 54952, 54952.2, 54952.3, and 54952.5, of a public agency, as defined by subdivision (c) of Section 3501, may hold closed sessions with its designated representatives on mandatory subjects within the scope of representation of its represented employees, as determined pursuant to Section 3504. Amended Slats 1980 cb 1284 } 25; Sum 1984 ch 62 § I; Scats 1985 ch 366 § 1. Amendments 1980 Amendment (1) Substituted "closed" for "executive" after "may hold"; and (2) added the second sentence. 1984 Amendment (1) Amended the first paragraph by (•> substituting "the local agency's designated representatives" for "its designated representatives prior to and during consultations and discussions with representatives of employee organizations"; (b) substituting "its represented'and unrepresented employees" for "employees in order to review its position and instruct its designated representatives" at the end of the first sentence; and (c) adding the second and third sentences; and (2) substituted "this section" for "the preceding sentence" in the second paragraph. 1985 Amendment (I) Designated the former section to be subd (a); (2) deleted "or" before "compensation paid" in the first sentence of the first paragraph of subd (a); and (3) added subd (b). Witkin Summary (8th ed) p 3627. Organizations and administrative practice. (1974) 26 Hast LJ 89. 57 Ops Any Gen 209 (prohibition against board of supervisors' meeting in executive session to review and decide on position it will take on meeting and conferring with representatives of employee organization, without use of designated representative; propriety of the board's appointing from its membership members to act as its designated representative with whom it may meet and confer in executive session). 61 Ops Atty Gen I (A "meet and confer" session held pursuant to Government Code, § 3505 between representatives of a county employee association and representatives of the board of supervisors, is not required to be open to the public. There is no legal requirement that the employee representative be allowed to tape-record the session. Such matter appear? to be one to be settled between both sides in establishing "ground rules" for the session). 61 Ops Atty Gen 323 Gov C § 54957.6 was not intended as blanket authorization for executive sessions to discuss any and all "meet and confer" subjects, but only for those specified therein, including salaries, salary schedules or compensation paid in the form of fringe benefits. However, where these specified matters are inextricably entwined with bargaining on other "meet and confer" matters, executive sessions will be permitted with respect to all related matters being considered). Prohibition lies to restrain the trial court from ordering County v Superior Court (1975) 13 C3d 721, 119 Cal members of a county board of supervisors to answer Rptr 631, 532 P2d 495. questions as to conversations relating to their reasons for voting for a challenged county ordinance. Los Angeles § 54957.7. Statement of reasons for closed session Prior to or after holding any closed session, the legislative body of the local agency shall state the general reason or reasons for the closed session, and may cite the statutory authority, including the specific section and subdivision, or other legal authority under which the session is being held. In the closed session, the legislative body may consider only those matters covered in its statement. In the case of special, adjourned, and continued meetings, the statement shall be made as part of the notice provided for the special, adjourned, or continued meeting. Nothing in this section shall require or authorize the giving of names or other information which would constitute an invasion of privacy or otherwise unnecessarily divulge the particular facts concerning the closed session. Added Stats 1980 ch 1284 § 26; Amended Stats 1981 ch 968 § 33. Amendments: 1981 Amendment Added ". including the specific section and subdivision." in the first sentence. § 54957.9. Authorization to clear room where meeting wilfully interrupted, etc. In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible' for willfully disturbing the orderly conduct of the meeting. Amended Stats 1981 ch 968 § 34. Amendments 1981 Amendment Deleted "Duly accredited" at the beginning of the third sentence. § 54960. Action against violation or threatened violations of this chapter Cal Jur 3d Statutes § 145. § 5494(0.5. Costs and attorney fees A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960 where it is found that a legislative body of the local agency has violated the provisions of this anicle. Such costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee thereof. A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. Added Stats 1975 ch 959 § 10; Amended Stats 1981 ch 968 § 35. Amendments: 1981 Amendment Added "a legislative body of in the first paragraph. 204 [12 Gov Coda] B-8 GOVERNMENT CODE § 54970 The Brown Act (Gov. Code, § 54950 et seq.). providing unless the defendant can show special circumstances that that all meetings of the legislative body of a local agency would render such an award unjust. The statute does not shall be open and public, did not require that ad hoc require that fees be awarded only when issues of statewide advisory committees, created by a board of education and or federal significance are involved, but is intended to be composed solely of members of the governing body of the applied in matters of local significance. Considerations district which constituted less than a quorum of the which the trial court should weigh in exercising its governing body, meet in public session in evaluating and discretion include the necessity for the lawsuit, lack of interviewing candidates for a vacancy on the board. The jnjury w the public, the likelihood the problem would amendment of the act by the addition of Gov. Code, have been solved by other means and the likelihood of } 54952.3. created an exception to the open and public recurrence of the unlawful act in the absence of the meeting requirements in case of ad hoc advisory commit- iawsuit. Common Cause v Stirling (1981) 119 CA3d 658,tees comprised solely of members of the governing body [74 Q^J R_tr 200. of the local agency and which are less than a quorum ofthe governing body. Accordingly, plaintiffs who sought to . '" "> »ct'°ln. ^ * private plaintiff under Gov. Code, restrain the board from conducting such private meetings § 5496°- "» whl<* lt was determined that a city council s were not entitled to attorney fees under Gov. Code, u« °f » circulated letter, signed by a majority of the § 54960.5, authorizing an award of fees and costs in an council members, to initiate city action was a violation of action to prevent violations of threatened violations of the 'he Brown Act (the open meeting law; Gov. Code, act. since the board neither violated nor threatened to § 54950 et seq.), the tnal court abused its discretion in violate any of the provisions of the act. Henderson v refusing to award attorney fees to plaintiff on the basis of Board of Education (1978) 78 CA3d 875, 144 Cal Rptr a lack of public benefit Gov. Code, § 54960.5, gives the 568. trial court discretion to grant "reasonable attorney fees" After plaintiff obtained a judgment declaring members where » ™la«<»> of the Brown Act has been found. In of a city council violated the Brown Act (Gov. Code. tne absence of the filing of the lawsuit, neither plaintiff § 54960 et seq.) by taking official action in secret, the trial nor «<y <>"«' person concerned with the actions of the court committed reversible error in failing to properly "'X council could have been assured that further viola- exercise its discretion in denying plaintiffs' attorney fees uons of tnc Brown Act in the same manner would not under Gov. Code, § 54960.5, permitting such an award. occur. While the trial court might have been correct that There was no authority for the tnal court to incorporate 'here would be no recurrence, this did not support the the standards of Code Civ. Proc., § 1021.5. providing for conclusion that the public benefit from plaintiff's action fees in actions resulting in the enforcement of an impor- was not sufficient to support an award of attorney fees. . tarn right affecting the public interest into the Brown Act, The benefit obtained through the lawsuit was not exclu- whkb was enacted two years earlier. The Brown Act sively for plaintiff. The action was filed for the public provides specific legislative authorization for attorney fees benefit and the conclusion that the use of the circulated in actions brought to enforce a public policy in a context letters constituted a Brown Act violation supported a in which actual recoverable damages are likely to be grant of attorney fees. Common Cause v Stirling (1983, trivial, and attorney fees are presumptively appropriate 4th Dist) 147 Cal App 3d 518, 195 Cal Rptr 163. § 54961. Meeting places; Discriminatory admission policies No local agency shall conduct any meeting, conference, or other function in any facility that prohibits the admittance of any person, or persons, on the basis of race, religious creed, color, national origin, ancestry, or sex. This section shall apply to every local agency as denned in Section 54951, 54951.1, or 54951.7. Amo-.^.-d Stats 1981 ch 968 § 36. Amendments: 1981 Amendment: Added ", 54951.1. or 54951.7" at the end of the section. § 54965 [(Chapter 10, Antipoverty Program, Participation) The heading of Chapter 11 was renumbered Chapter 10 by Stats 1979 ch 373 § 165.] CHAPTER 11 Open Lists of Local Appointive Offices [Added by Stats 1976 ch 238 § 1 as Chapter 10; Renumbered Stats 1979 ch 373 § 166.] § 54970. Legislative finding and declaration of intent § 54971. Definitions § 54972. Preparation of appointments list by legislative body of local agency § 54973. Availability of list to public § 54974. Posting of notice in event of unscheduled vacancy § 54975. Local agency formation commission public members included in appointments list: Notice of unscheduled vacancy posted § 54970. Legislative finding and declaration of intent (a) The Legislature finds and declares that a vast and largely untapped reservoir of talent exists among the citizenry of the State of California, and that rich and varied segments of this great human resource are, all too frequently, not aware of the many opportunities which exist to participate in and serve on local regulatory and advisory boards, commissions, and committees. (b) The Legislature further finds and declares that the general public of this state has traditionally been denied access to information regarding vacancies which occur on such boards, commissions, and committees, thereby denying most citizens and interest groups the opportunity to nominate for considera- tion by the respective appointive powers persons whose particular stengths, backgrounds, experience, perspective, and talents might contribute significantly to efficient and representative policy development and administration in local government. (c) The Legislature further finds and declares that the respective local appointive powers have been denied access to a talent resource hitherto untapped. (d) The Legislature further finds and declares that all citizens of the state, regardless of their place of residence should have equal access to specific and current information about the many local regulating {12 Gov Code] 205 B-9 FEDERAL ACTIVITIES 14. Durenburger Proposal on Tax Exempt Financing. S 2166. Support. 15. Medicare Coverage of State and Local Employees. Reconciliation Package. H.R. 3128. Information. ****************************************************** LEGISLATIVE ACTIVITIES 1. COMMENTS Revision of Brown Act. Substantial Amendments REQUESTED Offered. AB 2674 (ConneTTTT: AB 2674 was heard in the Assembly Local Government Committee on March 11. At a two-hour hearing, the author accepted many amendments and the bill was put over to be voted on April 1. As amended, the bill: (a) requires 72-hour posting of an agenda prior to a regular meeting but allows the legislative body to add to the agenda, with a 2/3rds vote, items that come up after the agenda is prepared; (b) does not allow the general public to place items on the agenda but does require legislative bodies to include in their agendas a time for the public to speak to the body about items within the jurisdiction of the local agency that are of interest to the public and; (c) provides that actions taken in violation of the agenda requirements of the bill or the general open meeting provisions of the Brown Act may be declared void by a court. Bond issues and other indebtedness actions which "substantially comply" with the Brown Act's provisions, and contracts on which the contractor had relied in good faith could not be voided. However, any person who wishes to challenge the validity of an action must first file with the legislative body a document explaining how that person believes the legislative body violated the Brown Act, and give themlS days to either correct the alleged violation or refuse to change their action. We request comments from city officials on whether these amended provisions are workable. If they will cause problems for cities in their operations, we request a description of such problems and possible alternate solutions. (Referred to previously in Bulletins #4-1986, #6-1986, #7-1986.) 2. OPPOSE - URGENT Major Restriction in the Law of Development Fees Proposed by the Building Industry Association of California. AB 4181 (Bader). Likely Hearing: Tuesday April 8. This measure, sponsored by the BIA, literally provides that any fee imposed ona development for public capital facilities or improvements as a condition of approval of the development shall not exceed the need for the facilities caused by the development. In addition, AB 4181 requires the local agency to make a series of findings prior to imposing the fee or exaction as a condition of approval, including: (a) the statutory or constitutional authority to 2 MARCH 14, 1986 Attachment B-10 MARCH 6, 1986 TO: FRANK ALESHIRE, CITY MANAGER PROM: Planning Director OUTLINE OF GROWTH MANAGEMENT PROGRAM On January 21, 1986, the City Council adopted Interim Ordinance No. 9791 and directed staff to start working to integrate the proposals contained in the Ordinance into the City's growth management program. Staff indicated that a more detailed outline of the program would be prepared and brought back to the Council so that it could be distributed for comment from the public and the development community. Attached is a draft outline and overview of staff's recommended program. It should be emphasized that the proposals are still in the conceptual stage. It is anticipated that the program will evolve and become more refined particularly with respect to required information, format and public facility adequacy 'standards as comments are received, additional work is completed by staff, and proposals complying with the program are submitted by the development community. After your review, I think it would be appropriate to schedule the outline for the next available City Council meeting. The Planning Commission could be invited to attend. Staff would present the outline for conceptual approval. A thirty day comment period could then commence. At the conclusion of the comment period, staff would incorporate any appropriate refinements and bring the proposal back for formal Council adoption. Staff could also be prepared when the outline is presented to the City Council, to provide an overview and status report of the other land use and growth management proposals that have already been approved, or that are pending City Council approval. This would give everyone an overall picture of all the new programs that have recently been approved by the Council. Submitted by: MICHAEL J. HOLZMILLER MJH/ar Attachments Attachment C GROWTH MANAGEMENT PROGRAM DRAFT OUTLINE AND OVERVIEW Goals and Objectives The goals used by staff in preparing the outline for the program were as follows: 1. Develop a program that requires more upfront, longer-term planning for public facilities, services and infrastructure so that they are provided concurrent with need. The program should have as its basis, a system for planning, coordinating, funding and constructing public facilities. 2. Develop a program that attempts to avoid critical deficiencies or inadequacies in services and facilities with no way to correct. In this respect, a primary emphasis of the program should be on establishing public and private financing mechanisms to ensure that adequate funds are available to provide the facility when it is needed. 3. Develop a program that allows the City Council to guide the location and extent of growth in the City .through capital. ,- . facilities programming arfd financing (i.e^ 'CIP, Assessment Districts, PFF, Impact Fees and developer contributions). 4. Relate the features of the program to recommendations made by the Citizens Committee for Review of the Land Use Element, particularly: A) Refine and expand the public facilities management program; B) Implement programs already contained in the Land Use Element; and C)Provide for an annual report on the impacts of growth, 5. Develop a program that incorporates and consolidates the basic elements and intent of the three-part growth management proposal approved in concept by the City Council on December 10, 1985: Urban Land Reserve, Public Facilities Phasing Program and Public Facilities Adequacy Program. 6. Develop a program that provides for an informational source and data base that can be used to ensure the adequacy of public facilities and that can be integrated with existing informational sources: PFMS monitoring reports, mapping and graphic programs and other ongoing centralized informational systems. 7. Develop a program that attempts to coordinate the City's process for public facility planning with other agencies and special districts (i.e, schools, water, sewer). C-l Outline of Program 1. City divided Into three Developmental Status Categories: I - Urbanized, II - Urbanizing and III - Future Urbanizing. Boundaries of the areas are shown on Attachment 1 and a description of the categories and criteria is provided on Attachment 2. A larger map showing more precise boundaries of the areas is available for review in the Planning Department. 2. City divided into 25 Developmental and Community Facilities Management Zones. Boundaries of the zones are shown on Attachment 3 and a description of the zones and criteria is provided on Attachment 4. A larger map showing more precise boundaries of the zones is available for review in the Planning Department. 3. New development (additional project approvals or building permits for approved projects not exempted from Ordinance 9791) is not permitted in any zone until a Developmental and Community Facilities Management Program (Phasing Progam) is prepared for the zone. The required information and a -. sample, format for the management program is* provided-on' " ' Attachment 5. Staff will prepare a community facilities inventory and recommend a program for the zones located in Developmental Status Category I (Urbanized). As soon as this is completed, additional development will be permitted to proceed in these zones. For all other zones, the zone developer or property owners shall prepare the management program for City review and approval. 4. Public Services and Facilities required to be addressed in the Developmental and Community Facilities Management Program are contained on Attachment 6. 5. In order to develop the phasing schedule part of the Developmental and Community Facilities Management Program for each zone, community wide facility adequacy standards are being recommended for adoption. Recommended standards and a description are contained on Attachment 7. 6. An annual monitoring report shall be prepared for each zone. The information required to be provided in the annual report is contained on Attachment 8. If it is determined by the City Council that facility inadequacies exist, additional development shall not be permitted in the zone until the inadequacy is corrected. C-2 7. The annual monitoring reports shall be reviewed at the same time that the City reviews and adopts the Capital Improvement Program (CIP)r the general budget, the formation of any new assessment districts, and a Public Facilities Fee (PFF) budget (a new budgeting process being recommended by staff). In this way, these financing sources and methods can be coordinated and the City Council can decide the City's involvement and participation in correcting inadequacies in public facilities and services, thereby, determining where additional growth will occur. Priorities for City involvement shall be as follows: 1st Priority - Capital Projects in Developmental Status Category I 2nd Priority - Capital Projects in Developmental Status Cateoory II 3rd Priority - Capital Projects in Developmental Status Category III 8. The annual monitoring reports for each zone shall be consolidated and coordinated with the annual "Impact of Growth" report prepared by the ongoing Citizens Committee as recommended by the Citizens Committee for Review of the Land .Use Element of the General Plan... • -.-•••: - . •• 9. A summary of the key features of the Growth Management Program and a flow chart is provided on Attachment 9. 10. The framework of the program implements the intent of the three part growth management proposal approved by the City Council on December 10, 1985 as follows: Urban Land Reserve - The program encourages infill development by: A) Staff preparing the program for areas in Category I (Urbanized). As soon as this is completed, new development will be allowed to proceed in these areas; B) Priority for City involvement and capital facilities programming is given to areas in Development Status Category I (Urbanized); C) The Developmental and Community Facilities Management Programs for zones located in Developmental Status Categories II and III (Urbanizing and Future Urbanizing) will require more detailed and longer-term planning. The program for these zones will also require more cooperation and concurrence from the property owners in the zone. If a program cannot be agreed-upon, additional development cannot proceed in these zones; C-3 D) In order to meet certain of the adequacy standards, facilities and services in Developmental Status Categories II and III which require longer-term planning must be scheduled for construction within a specified period of time. Additional development would not be permitted in these areas unless the construction of the facility starts within the specified time period. Public Facilities Phasing - The program requires a Developmental and Community Facilities Management Program (Phasing Program) for each zone in the City. This will require more "upfront" planning and decision-making to ensure that needed public facilities and services are provided concurrent with the level and amount of approved development. It will also help to ensure that a funding source is available to finance the public improvement by requiring the integration of public and private financing and where applicable, by requiring developer funds to be deposited with the City as development is approved. Public Facilities Adequacy - The program recommends community-wide, quality adequacy standards. If these standards are being exceeded, development can be stopped in. .the zone.until the-inadequacy • is- corrected;'Ah " informational and monitoring system is proposed to determine compliance with the standards. C-4 ATTACHMENT 1 Developmental Status Map iCATEGORY I: URBANIZED CATEGORY II: URBANIZING CATEGORY III: FUTURE URBANIZING C-5 ATTACHMENT 2 (Page 1) DEVELOPMENTAL STATUS CATEGORIES City divided into three categories based upon their overall developmental status, level of urbanization and existing level of adequacy of public facilities and services. The three categories and the criteria used as a guide for each one is as follows: I. Urbanized 1. Older developed areas of City. 2. Primarily developed or immediately contiguous or surrounded by developed areas. 3. Additional development considered infill. 4. Public facilities basically adequate for level of anticipated, additional development. 5. Infill requirements in terms of completing public facilities or infrastructure. . II. Urbanizing 1. Some development in area. 2. Newer developing area of City. 3. Some level of planning already completed (i.e, existing master plan). 4. Adjacent to or considered a logical extention of a Category I (Urbanized) area. III. Future Urbanizing 1. Very little or no development. 2. Isolated from existing services and facilities. 3. Isolated from existing development (i.e, not immediately adjacent to or surrounded by a Category I or II area (Urbanized or Urbanizing). 4. No existing master plan or existing master plan outdated. C-6 ATTACHMENT 2 (Page 2) The significance of the categories is as follows: A) Required degree of detail and level of the sophistication for preparation of a Developmental and Community Facilities Management Program (see Attachment 5). Additional detail and planning will be required in order to prepare a management program for the category in which an area or property is located. Specific Public Facility/Service Requirements (WHAT) Phasing - Timing of Public Facility /Service Require- ment (WHEN) Funding Source/ Mechanism For Requirement (HOW) Category II Category II Category III X - Detailed Planning Needed B) City staff to prepare proposed management program for Category I (Urbanized) areas. Priority for preparing and reviewing management programs for other categories is proposed to be as follows: 1st Priority - Category II (Urbanizing) 2nd Priority - Category III (Future Urbanizing) C) Priority for determining City involvement and level of participation in providing facilities or correcting inadequacies (i.er capital facilities programming, assessment district formation, bond financing) is proposed to be as follows: 1st Priority - Category I (Urbanized) 2nd Priority - Category II (Urbanizing) 3rd Priority - Category III (Future Urbanizing) (B) and (C) above will tend to favor and encourage infill development. C-7 ATTACHMENT 3 Developmental and Community Facilities Management Zones ZONES 1-6 URBANIZED ZONES 7-12 URBANIZING ZONES 13-25 FUTURE URBANIZING C-8 ATTACHMENT 4 DEVELOPMENTAL AND COMMUNITY FACILITIES MANAGEMENT ZONE BOUNDARIES For developmental and community facilities management and planning purposes the City was divided into 25 zones. These would be similar but on a smaller scale to what some cities call community planning areas. The criteria that was used as a guide for determining the boundaries of the zones was as follows: 1. Boundaries of existing master plans 2. Boundaries of pending master plans 3. Boundaries of potential future master plan areas 4. Availability of public facilities and services 5. Public facility relationships especially the.City's . . planned; major, circulation- network ' ' ' 6. Special district boundaries where appropriate 7. Location with respect to the three developmental status categories (urbanized, urbanizing and future urbanizing) C-9 ATTACHMENT 5 (Page 1) INFORMATION FOR DEVELOPMENT AND COMMUNITY FACILITIES MANAGEMENT PROGRAM A Development and Community Facilities Management Program shall be prepared for each zone. The zone developer or property owners in Developmental Status Categories II and III (Urbanizing and Future Urbanizing) shall prepare the Program for City review and approval. The program shall cover the entire zone and shall consist of maps, graphs, tables and narrative explanations in a format sufficient to provide the following information: What When How Specific improvement requirements for each facility and service. Specifics for all ten facilities/services must be provided. Improvement requirements for certain facilities may overlap and, therefore, may have to be coordinated with other zones (i.e, circulation). Estimated cost of the facility shall be provided when applicable. Maximum amount or level of developmental activity (i.e, number-of units) which can be -considered ••••••• before specific requirement must be satisfied (Phasing). In some cases, an anticipated date for providing the facility may be required. Specifics on the mechanisms to provide the facilities (i.e, funding sources or methods). This must be provided in sufficient detail to show that the mechanisim is adequate to provide the facility concurrent with the approved phasing. Although it is recognized that certain specific improvements will be made in conjunction with a specific development project (conventional subdivision process), other mechanisms for providing overall, community or zone facilities must be addressed. Possible methods or sources of financing include direct developer funding and construction, reimbursement agreements, assessment districts, PFF, impact fees. Where developer contributions are required to finance facilities which are to be constructed at a future time, the funds should be deposited with the City beginning with the initial unit of development in an amount sufficient to fund the facility when it is required by the phasing program. C-10 ATTACHMENT 5 (Page 2) One of the key elements in the Developmental and Community Facilities Management Program is in setting forth the methods and sources for the financing of all required facilities and services and in correlating the financing with the amount or level of permitted development (phasing) so that adopted adecruacy standards are never exceeded. In this regard, the underlying premise is that new development will pay for required facilities with a method that guarantees that the funding will be available to provide the facility when it is needed. A simplified example of an outline for the format of a Developmental and Community Facilities Management Program would be as follows: Developmental & Community Facilities Zone NO. Management Program Developmental Status Category: Facility/ Service Specific Requirements • ... Estimated Costs . i * . • » .' Phasinq . ,. . . . . ' • - • • Funding Source ....-•-. ...-•. C-ll ATTACHMENT 6 PUBLIC FACILITIES AND SERVICES TO BE ADDRESSED Services 1. Sewer 2. Water 3. Drainage 4. Circulation 5. Fire 6. Police 7. Administration (General Gov't) •8. Parks • :•• ' - • ' • '• •••'•• ' ••'•' ; • • • • '••'-"' 9. Library 10. Schools C-12 ATTACHMENT 7 (Page 1) ADEQUACY STANDARDS In order to develop adequacy standards (community-wide standards which should not be exceeded) for each of the services and facilities to be addressed in the required phasing plans, staff attempted to refine and expand the service standards that are presently included as part of the existing Public Facilities Management System (PFMS). Although each facility or service is unique in terms of standards, it was determined that the services could be grouped into three general categories as follows: 1) There are facilities that need to be in place before development occurs within a particular developmental and community facilities management zone. These are services that are essential before development can proceed (i.e, sewer, water). The adequacy standard for these facilities should be "up-front" or prior to development; 2) There are facilities that need to be supplied concurrent with a specific amount of demand. These are services where the public health, safety and welfare start .to .'suffer- if a certain "level of -service is not met" (i.e; "" circulation, police, fire). The adequacy standard for these facilities would be an adopted "service level"; and 3) There are facilities that need to be planned for and supplied within a certain period of time after initial development in the area. These are "quality of life" services that need to be planned for in advance of development but may be provided over time (parks, libraries, administrative facilities). The adequacy standard for these facilities would vary depending on population or other criteria. The standard would be a "timing" standard. The facility must be scheduled, the funding committed and the construction guaranteed within a specified period of time (i.e, five years). This means that development in the zone would be conditioned upon the facility or service meeting the standard and scheduled to be constructed as part of an adopted capital program. Based upon the above analysis, staff is proposing the standards contained in the following table: C-13 ATTACHMENT 7 (Page 2) TABLE 1 Facility Sewer Water Drainage Circulation Fire Police Adequacy Standard 1. Adequate trunk line capacity to meet demand for entire Developmental and Community Facilities Management (DCFM) Zone must be provided for prior to any development. 2. Sewer plant capacity is deemed adequate for at least a five year period. 1. Adequate line capacity to meet demand for entire Developmental and Community Facilities Management (DCFM) Zone must be provided for prior to any development. 2. A minimum ;10 day storage' capacity in overall system. Adequate drainage facilities must be provided for as required by the City in the approved Master Drainage Plan. No road segment or intersection impacted* by development in the zone shall exceed a level of service C during off-peak hours, nor level of service D during peak hours. * Impacted - 20% or more of the traffic generated by the Developmental and Community Facilities Management (DCFM) Zone will use the road segment or intersection. No more than 1500 units outside a five minute response time. 1.35 officers/1000 population C-14 ATTACHMENT 7 (Page 3) City 1500 sq.ft./1000 population must be Admin. Fac. scheduled for construction within specified time period (i.e, five years). Parks 2 acres of community park/1000 population in park district must be scheduled for construction within specified time period (i.ef five years). Library .6 sq.ft/person must be scheduled for construction within specified time period (i.e, five years). Schools School capacity to meet projected enrollment as determined by the school district must be scheduled for construction within specified time period (i.e, five years). Where an adequacy standard is being met in a zone and the City or other public, agency involved decides not to participate in' ' providing a needed facility, the developer may' elect to front the cost of the facility in order to meet the adequacy standard and request future reimbursement or credit. C-15 ATTACHMENT 8 INFORMATION FOR ANNUAL REPORT An Annual Monitoring Report shall prepared by the City for each zone. The Annual Monitoring Report will consist of maps, graphs, tables and narrative explanations in a format sufficient to provide the following information: I. Developmental Activity Analysis 1. Number of dwelling units completed during the previous year. 2. Number of dwelling units approved but not yet constructed. 3. Number of dwelling units pending City review. 4. Number of square feet of industrial and commercial uses added during the previous year. 5. Number of square feet of industrial and commercial uses approved during the previous year but not yet .' * " constructed. ' ' . . . • II. Facilities Adequacy Analysis 1 . Existing facilities already in place. 2. Facilities that were added during the previous year. 3. Facilities that will be added in the next year. 4. An analysis of each facility with a determination of adequacy. If inadequacies are indicated, development could be stopped within the zone until the inadequacy is corrected. 5. Recommended refinements to Developmental and Community Facilities Management Program (Phasing Program). III. Facility Revenue/Expenditure Analysis 1. Revenues collected in zone (i.e, PFF, park-in-lieu fee, sewer and water fees, school fees, special assessments, special impact fees, developer contributions). 2. Facility expenditures made (i.e, capital improvements, bonds, grants). 3. Updated cost estimates and fee structures based upon rate of inflation. C-16 ATTACHMENT 9 (Page 1) Developmental & Community Facilities Management Program For Each Zone Annual Monitoring Report For Each Zone Growth Impact Report from On-going Citizens Committee Formation of Assessment Districts A G doption of eneral Budget Adoption of Capital Improvement Program Adoption of PFF Budget City Council Guides Growth Public Facilities Adequacy Program Individual Project Review And Ongoing Informational Source and Data Base C-17 ATTACHMENT 9 (Page 2) KEY FEATURES OF GROWTH MANAGEMENT PROGRAM I. No new development in any zone until Developmental and Community Facilities Management Program adopted for zone. II. Annual growth monitoring and facilities analysis report required for each zone. Adequacy of facilities and services reviewed. III. Review of annual reports for each zone consolidated with annual review and adoption of capital improvements program (CIP), public facilities fee budget, general city budget, assessment districts, impact of growth report from citizens committee, and public facilities management system (PFMS) report. In this way, City can more directly manage and guide growth. C-18 April 10, 1986 TO: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR FROM: LYNN CHASE, RECREATION SUPERINTENDENT REPORT - COMMISSIONERS/BOYS & GIRLS CLUB MEETING A meeting was held March 26, 1986, at Levante Community Center to discuss the Boys & Girls Club request to share use of Levante Center to conduct recreation programs. Present: Parks and Recreation Commissioners Shirley Dahlquist, Marjorie Morrison, Jim Popovich; Ken Price, Principal Recreation Supervisor (Meeting Chairman), Dan Sherlock, Executive Director of Carlsbad Boys & Girls Club, Club Board of Directors John Petricelli and Jim LoPresti, and Lynn Chase, Recreation Superintendent. Discussion was held regarding the City's present and future use of Levante Center and the Clubs requested use. The Club must vacate the present location at Levante to make way for the school construction; the Club's new facility in La Costa will not be ready for approximately two years. Boys & Girls Club plans to continue offering recreation activities to their members who are presently coming to Levante. Commissioner Shirley Dahlquist suggested the Club's building be relocated to the City's portion of the site, adjacent to the Community Center building. (See attached diagram.) The advantages of continuing the Club's activities without impacting the City's present and future programs in the Levante Center were discussed. Those present adjourned temporarily to see the space available. Dan Sherlock paced off the space available and determined that the Club's building could be placed in the space subject to approvals by the Encinitas School District, and the City Planning Department and City Council. The Commissioners agreed that relocation of the Club's building was their recommendation rather than shared use of Levante Center. Staff was asked to prepare a letter of recommendation to the Encinitas School District Superintendent Donald Lindstrom. Dan Sherlock will contact the Encinitas Unified School District to request approval to relocate the building. Subject to Encinitas Unified School District approval, he will follow through with obtaining further approvals, as required by the City. Alternatives to relocating the Club's building were discussed. If it were advisable or necessary to share the use of Levante Center, * Attachment D Report - Commissioners/ Boys & Girls Club Meeting Page Two the Club and the Recreation Division could both compromise on times of use; however, the compromises would result in negative impacts on recreation programs of both groups and is therefore not the recommend- ed option. Commissioners Dahlquist, Morrison, and Popovich will give a report to other Commissioners at the April 21st Commission Meeting. Ken Price adjourned the meeting at 5:15 p.m. LC:dm c: Commission Members Ken Price, Principal Recreation Supervisor Dan Sherlock, Executive Director, Carlsbad Boys & Girls Club D-l A. C. PAVING PLAY AREA LtVAttTE SCHOOL SITE CLASSROOMS \ COVERED LUNCH SHELTER KINDERGARTEN r PLAY GROUND 4<5'_O'' "^ >A ^«. K.\—*A X.< — T ^ J t 7lcI<5-~" . • -.-.'. MAIN b^-^-n-^i^ 't-^-vi^A^ • D ^- „ L_ t BUILDING |'.> ^'c^1^'"-^ i :» L ) ^ ^-C* "^ TRASH ^A ;V / "j^r". ENCLOSURE »• , RELOCATE TO HERE EXISTING OCTAGON HOUSE EXISTING COMFORT STATION . LEVANTE ST. D-2 CITY OF CARLSBAD — AGENDA BILL D3) II u -3 3)3 Ou CO S3 3 u a5 33I 3D 2 O Oz=> Ou AB# MTQ..2/18/36 HPPT P & R TITLE: COMMITTEE SELECTION TO ASSIST WITH THE GOLF COURSE FEASIBILITY STUDY DEFT. HD./J3 CITY CITY / C»and appoint a seven RECOMMENDED ACTION: City Council adopt Resolution No member committee to assist with the Golf Course Feasibility Study for the Macario Canyon/ Agua Hedionda Lagoon South Shore. ITEM EXPLANATION At the City Council meeting of December 3, 1985, Council adopted Agenda Bill 8429 and directed staff to proceed with the Golf Course Feasibility Study. Staff was further directed to work with . SDG&E officials regarding their participation in the study. To date 32 Request for Proposals for a Golf Course Feasibility Study have been distributed. They are due back by February 28, 1986. Council is requested to form a committee which would adequately represent the varied community interests generated by the feasibility of a golf course. In dealing with, the firm that is selected to conduct the Golf Course Feasibility Study, a diversified selection of committee members would be beneficial to City staff in assuring all concerns are addressed. FISCAL IMPACT No fiscal impact is anticipated other than staff time. EXHIBITS; 1. Resolution No . 3 E-2 ,/ / March 26.1986 TO: Mayor Casler and members of the City Council FROM: Richard Chick I respectfully request that the City Council place on its next agenda an item to reviev the plans and development schedule for the-Macario Canyon Park. RECOMMENDED ACTION: Selection of a consultant to vork directly for Assistant City Manager Ray Patchett vith job responsibilities to include: 1. Management of a comprehensive review cf the existing Macario Canyon Park Plan. 2. Determine the feasibility of including several citizen-recommended facilities in a nev Master Park Plan. 3- Explore the possibility and availability of private funds for the development and management of the facilities. 4. Vork vith SDG&E and the foil Company to determine the availability of properties adjacent to the Macario Canyon Park site. 5. Seek private funding from local citizens, business and industrial organizations, potential grants and other funding for a nev comprehensive master plan and feasibility study. ITEMEXPLANATION: During the past fev months, several veil-represented special interest groups have made excellent proposals to the Parks and Recreation Commission and the City Council concerning the Macario Canyon Park plans. The present Macario Park Plan, adopted February 9, 19S2, does not include many of the facilities proposed by these groups. A comprehensive reviev of the the entire Macario Canyon Park area should include the following parcels: 2SS acre Macario Canyon Park ovned by the City of Carlsbad 90 acres SDG&E property leased to the City of Carlsbad 30 acres SDG&E property located between Macario Canyon Park and the above mentioned 90 acres 5-4 acres ovned by the Koll Company that is reported to be available for recreational uses continued Attachment E-3 Page 2 - Memo to City Council The combined 482 acres vould be of sufficient size to accomodate the following uses proposed by the various citizen groups: 18 holes (or more) for a public golf course Golf course clubhouse, restaurant, driving range and parking Amphitheater for outdoor performances Community concourse that could accomodate basketball, soccer and indoor theatrical performances and stage shovs Hotel vith convention center Baseball, softball and soccer field complex Senior Citizens community center According to information provided by the citizen groups, there is a s rong possibility that private enterprise vould provide the funds and the management expertise to develop and operate all of the proposed facilities. To not take advantage of the availability of these sources to help our city develop one of its greatest resources vould be imprudent. If developed properly the Macario Canyon Park area could become one of Carlsbad's finest assets, one that vould provide for a vide variety of recreational and cultural opportunities for our citizens as veil as an excellent attraction for our increasing tourist population. E-4 CITY OF CARLSBAD - AGENDA BILL AB# MTG.4/15/86 P C Oa K TITLE: ADVERTISE FOR BIDS FOR PHASE I OF CALAVERA HILLS COMMUNITY PARK DEPT. HPl^ CITY ATTY\//9^ CITY MGR. RECOMMENDED ACTION: By motion adopt Resolution No. approving plans and specifica- tions authorizing the City Clerk to advertise for bids for Phase I of Calavera Hills Community Park (Project No. 3173). ITEM EXPLANATION; Phase I of the 18 acre Calavera Hills Community Park consists of grading the entire park site and providing site improvements for the southern eight acres. Site improvements will include two lighted ballfields, a restroom/concession stand, a tot lot, walkways, parking and landscaping. Phase II will be constructed at a later date after the northern portion of the park has been dedicated by the owner. It will include a community center/gymnasium, two lighted tennis courts, one lighted ballfield with soccer overlay, lighted basketball courts, picnic area, as well as walkways, parking and landscaping. Plans and specifications for Phase I have been completed and approved. Plans and specifications for Phase II are nearly complete and will be "shelf ready" when construction of Phase II can be initiated. Pacific Scene is in the process of constructing the remainder of Tamarack Avenue as well as half street improvements on Elm Avenue and Glasgow surrounding the Park. Their schedule for completion is the beginning of July. At that time the City's contractor will start grading the park. Completion of Phase I of the park is estimated at the beginning of February 1987. FISCAL IMPACT: -CONSTRUCTION The following is the updated cost estimate by Recreation Systems and City staff for Phase I of Calavera Hills Community Park. Construction cost figures are based on estimates developed in February 1986. The current appropriation of $1,038,500 was developed during 83-84 CIP budget allocation and did not include funds for inspection and admini- stration costs. The figures below are in line with costs incurred at Stagecoach Community Park currently being built. Z Phase I Construction EstimateO (3 Construction (RSI Estimate) $999,000 < Design Fees (Phase I & II) 155,000 Inspection 80,000 Administration : 55,000 Contingency (15%) 194,OOP O Total $1,483,000 Current 85-86 CIP Appropriation 1,038,500 Estimate of Additional Funds Required 444,500 •» Attachment F Agenda Bill No._ Page Two Staff recommends that appropriation of additional funds to complete Phase I as designed be appropriated at award of contract. The Finance Director has indicated that there are available funds in the Public Facility Fees account. However, appro- priating the additional funds at this time may affect the funding of some 86-87 CIP projects. -MAINTENANCE Park Maintenance - Estimated total first year operation = $66,000 NOTE: Succeeding yearly maintenance will be approximately 10% less than the first year costs. EXHIBITS: 1. Resolution No. approving plans and specifications authorizing the City Clerk to advertise for bids for Phase I of Calavera Hills Community Park (Project No. 3173). 2. Location Map 3. 'Master Plan F-l 1 RESOLUTION NO. 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANS AND 3 SPECIFICATIONS: AUTHORIZING THE CITY CLERK TO INVITE BIDS FOR PHASE I OF CALAVERA HILLS 4 COMMUNITY PARK, PROJECT NO. 3173 5 WHEREAS, the City Council of the City of Carlsbad has 6 determined it is necessary and in the public interest to construct the Calavera Hills Community Park and; 8 WHEREAS, plans and specifications for the furnishing 9 of all labor, materials, tools, equipment, transportation, and 10 ! other expenses necessary or incidental for site improvements 11 !and community center for said project, Project No. 3173 have 12 j j been prepared and are on file in 'the Engineering Department 13 j '-. of the City of Carlsbad and are incorporated by reference 14 . herein: 15 i! NOW, THEREFORE, BE IT RESOLVED by the City Council of 16 | the City of Carlsbad, California, as follows: 17 j 1. That the'above recitations are true and correct. 18 , 2. The plans and specifications as presented are 19 hereby approved. 20 ! 3. The City Clerk of the City of Carlsbad is hereby 21 authorized and directed to proceed to publish, in accordance 221 : with law, Notice to Contractors inviting bids for the Phase I23 ; of Calavera Hills Community Park in accordance with the plans 24 1 : and specifications herein above referred to. 25 26 j // 27! // 23: // F-2 1 PASSED, APPROVED AND ADOPTED at a regular meeting of 2 the Carlsbad City Council held on the day of 3 1986 by the following vote, to wit: 4 AYES: 5 NOES: 6 ABSENT: 7 8 MARY H. CASLER, Mayor 9 " 10 ATTEST: * 11 12 ALETHA L. RAUTENKRANZ, City Clerk J.O • 1 14j (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F-3 LOCATION MAP CALAVERA HILLS PARK F-4 >1QX>1 r > ou'Q^ F-5 I recreation'systems incorporsted \ -A-Tnc-af* yj" ^rt,«^ !.»•- TO «*"*vt"*'»-»T'» n-*«"^»'^ April 3, 1986 TO: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR MARK STEYAERT, PARK PLANNER FROM: DOUG DUNCANSON, PARKS SUPERINTENDENT COST TO MAINTAIN CALAVERA HILLS COMMUNITY PARR - PHASE I Labor 36+ hours per week x 52 = 1,872 hours x $10.20 per hour (average wage of PWII) = $19,094 x overhead at 45% = $27,690 Maintenance & Operation 2211 Vehicle Maintenance $1,500 2210 Power 8,000 2211 Water 12,600 2330 Machinery Rental 150 2430 Laundry 100 2490 Outside Services 750 2610 Building Maintenance 400 2612 Janitorial Supplies 250 2620 Parts 250 2630 Rocks & Mineral 350 2640 Expendable Tools 300 2660 Special Departmental Supplies 4,500 $28,900 Capital Outlay Mower - triplex $8,000 Miscellaneous small equipment 2,000 $10,000 TOTAL COST = $66,560 Or another basis for Cost of Maintenance is total cost per acre - this is figured by total acres maintained (189) divided by total park budget - $1,238,000. This = $6,600 per acre and Calavera = 8 acres x $6,600 = $53,000 DD:dm F-6 \ Attachment G San Diego Gas & Electric April 14, 1986 Martin Orenyak Community Development Director City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 Dear Marty: The following proposal is being made in an attempt to resolve some differences that have surfaced in recent discussions between City of Carlsbad staff and San Diego Gas & Electric personnel. Most of these discussions have been associated with the need for a City public parking lot on SDG&E property known as the "fishing beach" located on the east side of Carlsbad Boulevard. The City has requested that SDG&E donate the parking lot land to the City at no charge. SDG&E's policy is to sell land or easements at current fair market value. The elements of SDG&E's proposal are listed below. o SDG&E will grant an easement to the City of Carlsbad over the approximately 1.15 acre fishing beach property that will enable the City to construct, maintain and operate a public parking lot. The City will assume responsibility for all liability arising from its use of the property. The easement shall be subject to SDG&E's use of an access road to its electrical substation south of the fishing beach. The City will terminate its existing year to year lease from SDG&E for the area known as Cannon Park located at the northeast corner of Cannon Road and Carlsbad Boulevard. The termination will occur at any time prior to June 1, 1989 and in accordance with the notification provisions set forth in Paragraph 4 of the lease dated June 1, 1983, This paragraph gives either party the option of terminating the lease upon notification of at least 60 days prior to any annual renewal date. SDG&E will arrange and pay for an aerial 'survey of the City's Cannon Lake property and adjacent areas and will provide this information to City personnel. SDG&E will contribute $100,000 to the City to be used specifi- cally for improvements to the Cannon Lake property such that the property can be developed as a City park to replace the existing Cannon Park. The Cannon Lake property shall be sufficiently developed as a public park meeting City standards Attachment H POST OFFICE BOX 1831 • SAN DIEGO, CALIFORNIA 92112 • TELEPHONE: 619/696-2000 Mr. Martin Orenyak -2- April 14, 1986 prior to June 1, 1989 and prior to termination of the existing Cannon Park lease. If SDG&E's $100,000 contribution is insufficient to develop the new park to City standards, the City shall pay the cost of additional improvements necessary to meet those standards. The City staff shall support the three proposed driveways for . SDG&E's proposed North Coast Service Center facility located on 1 its existing property between 1-5 and Carlsbad Boulevard and ^ north of Cannon Road. The driveways are shown on the plan sub- mitted to the City and accompanied by a letter from SDG&E's David S. Siino dated February 4, 1986. The proposed driveways are located on Cannon Road opposite El Arbol Drive and Los Robles Drive and on Carlsbad Boulevard opposite Tierra del Oro Street. The above proposal is submitted for your review and comment. It has not been reviewed or approved by all appropriate SDG&E personnel and the cash contribution referred to has not been approved or budgeted. However, if you agree in concept, we will work diligently to prepare a formal agreement, get the necessary SDG&E approvals, and arrange for funding. /Sincerely, F. Michael Dudley, Supervisor Land Management & Redevelopment FMD:Mae cc: David Bradstreet City of Carlsbad E. M. Gabriel son J. W. Shepard/K. L. Little H-l April 4, 1986 TO: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR FROM: KEITH BEVERLY, ADMINISTRATIVE ASSISTANT!^ REVISION OF LAND VALUES USED IN PARK-IN-LIEU COMPUTATION BACKGROUND: The current land value figure used in the computation of the Park- in-Lieu Fee Schedule was established in 1982. The existing land value was based on the average estimated fair market value of land within each of Carlsbad's four park districts. The figures currently used for land values per acre are: District 1, 2, and 3 - $87,000; District 4 - $109,000. These figures were intended to be adjusted annually but have remained constant since 1982. Request For Proposals to assess the current land value in each of Carlsbad's four park districts have been sent to 15 real estate appraisal firms, of those 15 Request For Proposals only two were returned. The G. R. Bill Company will report the change in the average fair market value of residential land in the City of Carlsbad for 1985, expressed in terms of a percentage. DODD-Graves & Associates, Inc. returned a proposal that would not be an appraisal of land values as such, but rather, an expanded letter of consultation intended to serve as a guideline to City officials in determining Park-In-Lieu Fees. In order to develop a simple methodology of evaluating the fair market value of land on an annual basis, several agencies have been contacted. These agencies have provided economic indicators with regards to" the increase and/or decrease of land values within the past year. RECOMMENDATION; Because the City of Carlsbad's Park-In-Lieu dedication requirement utilizes the "fair market value" of land as a component in its cal- culation of park fees and/or land dedication for developers, the current market land value figure should be updated immediately, re- evaluated and adjusted annually. Back up information will indicate that a five percent per year in- crease in land value would be a conservative figure. it Attachment I REVISION OF LAND VALUES USED IN PARK-IN-LIEU COMPUTATION April 4, 1986 Page Two Since the fair market value figure for land has remained at the same level for the past four years, an immediate increase of 20% should be implemented. It is further recommended that the services of a qualified real estate appraiser be employed to re-evaluate the immediate increase. All indications suggest that this figure will also increase. ALTERNATIVES: 1. Adjust the current land value figure within a range of zero to 30% to adequately compensate for the lack of increase over the past four years. 2. Employ the services of a qualified real estate appraiser to determine the fair market value of property within the four park districts. Retain the real estate appraiser to annually update the market value and appraise all land in relation to major developments in order to adequately determine equitable Park-In-Lieu Fees. 3. Once the fair market value has been established, adjust the market value annually or quarterly according to the Consumer Price Index, or the McGraw-Hill Construction Index for the County. FISCAL IMPACT; An immediate increase of 20% would have the following fiscal impact upon land value in their respective districts: District 1,2,& 3 District 4 Revised P.I.L. Fees A. Single Family Detached & Duplex (0 lot line or attached wall) B. Attached Single Family (4 units or less attached) C. Attached Multiple Family (more than 4 units) D. Mobile Homes CURRENT $87,000 $109,000 CURRENT Dist 1,2,3 Dist 4 20% INCREASE $104,000 $130,800 20% INCREASE Dist 1,2,3 Dist 4 $786 $656 $524 $458 $983 $820 $655 $573 $943 $787 $629 $550 $1,180 $984 $786 $688 It is further suggested by back up information that a re-evaluation of the fair market value of real estate by a qualified appraiser 1-1 REVISION OF LAND VALUES USED IN PARK-IN-LIEU COMPUTATION April 4, 1986 Page Three would increase these figures. The extent of this increase cannot be determined at this time. The cost to determine the average fair market value of land within the four park districts by a qualified appraiser are as follows: 1. G. R. Bill Company - 1,750 + $85 per hour for all work done beyond the scope of the original assignment. 2. DODD-Graves and Associates, Inc. - estimated between $3,600 and $4,200. DISCUSSION & ANALYSIS; Listed below is back up information. While the following information may not be consistent, I think it will indicate an overall increase of land value and a need for re-evaluation of our Park-In-Lieu Fee Schedule, 1. Real Estate Agencies A. Carlsbad Board of Realtors Carlsbad multiple listing - average sale of residential houses from: - October 1983 to October 1984/ -13% (Decrease) - January 1984 to January 1985/ -3% (Decrease) 1. October 1984 to January 1985/ +14% (Increase) - April 1984 to April 1985/ -4% (Decrease) 1. January 1985 to April 1985/ -4% (Decrease) - July 1984 to July 1985/ +55% (Increase) 1. April 1985 to July 1985/ +25% (Increase) - October 1984 to October 1985/ +13% (Increase) 1. July 1985 to October 1985/ -24% (Decrease) - December 1984 to December 1985/ +40% (Increase) 1. October 1985 to December 1985/ +16% (Increase) B. North San Diego County Multiple Listing Service Statistics provided to the redevelopment agency, representing a profile sales activity of residential properties, indicate a 16% increase in the average selling prices for 1985. This figure is reflective of sales from January 1984 through September 1984, as compared to sales from January 1985 through September 1985. While the M.L.S. average residential sales in Carlsbad primarily reflect the selling price and the amount of houses sold, it is also contingent upon many other variables. The average sale price is also indicative of, but not limited to mortgage interest rates, supply and demand of housing as well as land values. C. "Real Estate Review" North County Multiple Listing statistics indicate a two percent V 1-2 REVISION OF LAND VALUES USED IN PARK-IN-LIEU COMPUTATION April 4, 1986 Page Four increase in the average sale price of residential homes from February 1985 to February 1986. D. "The San Diego Economic Bulletin" The January 1986 edition of the Bulletin, published by the Economic Research Bureau of the Greater San Diego Chamber of Commerce, indicates a 17.2% increased change in value based on their housing market price index for Carlsbad. However, the same index signified a decrease of 13.2% change of value in La Costa for the same time period. E. Real Estate Researchers Council of Northern California In a telephone conversation with a member of the Council, the land values were suggested in terms of a percentage of the actual sale price of a house. In other words, in an area of greater demand it is estimated that 40% of the total value of the house would reflect the value of the land it was built on. For example, if a house sold for $150,000 and was on .33 of an acre, 40% of the house value would be $60,000. This figure multiplied by three would then give you the value of an acre of land, $1.80,000. 1. County Assessor The County Assessor appraises all new construction and changes in ownership as of the date of completion or ownership change. All other property may be increased by the rate of inflation as indicated by the Consumer Price Index, not to exceed 2% as provided for by Proposition 13. In other words if the CPI indicates a 6% inflation rate, the assessment rate can only increase by 2%. If the CPI indicates a 1% inflation rate, the assessment rate will increase one percent. 2. Appraisal of Real Property/Market Data Summary of Commercial Land Sales In a report done for the Redevelopment Agency by the G. R. Bill Company, a commentary on the trend of land values in the Carlsbad area was requested. It was estimated that a 10% per year increase is still a conservative figure. A recently completed appraisal update in the San Marcos area indicated an' upward rise in values which was very demonstrable at 15% per year. Carlsbad and San Marcos are part of a five city North County chain that has a proven population growth rate of 2.9% per year, compared with San Diego's rate of 2.0% per year. This report was not intended to be represented as an appraisal report, but rather an advisory message of a preliminary nature only. 1-3 REVISION OF LAND VALUES USED •IN PARK-IN-LIEU COMPUTATION April 4, 1986 Page Five 3. Consumer Price Index The C.P.I, was considered as a viable source of justification for increasing land values especially when considering the housing component of the C.P.I. The housing component of the C.P.I, has changed considerably in the last year. Whereas the component used to address factors such as mortgage rate, mortgage insurance, homeowner insurance, property tax, property insurance, maintenance and repair, the housing component now simply addresses the situation in terms of a percentage increase as if you were renting your own home. With this in mind, the housing component factor in relation to the Consumer Price Index has increased 6.1% from November 1984 to November 1985. To further exemplify the need to re-evaluate the Park-In-Lieu Fee and to provide information on perhaps how to best accomplish this, other cities have been contacted. While most cities acknowledge a need for constant update, few have developed a methodology to do so. A variety of methods have been used depending upon how each city administers their Park-In-Lieu contribution. Below are listed examples of other cities, their calculation and the ways in which they increase their fee schedule: 1. San Diego County Flat fee based on density. . - Up to 11 units per acre = $145 per dwelling unit. - Over 14 units per acre = $115 per dwelling unit. The fees will be increasing soon to reflect inflation/cost of living index (CPI). 2. Vista Flat fee based on number of rooms. A. Case 1 - Each room addition to an existing dwelling unit = $129.90 B. Case 2 - Each dwelling unit of all types: 1983 1986 (15% Increase) 1 Room Unit = $113 $129.90 2 Room Unit = $225 258.70 3 Room Unit = $338 388.70 4 Room Unit = $450 517.50 5 Room Unit = $563 647.40 6 Room Unit = $675 776.20 7 Room Unit = $788 906.20 8 Room Unit = $900 1,035.00 REVISION OF LAND VALUES USED IN PARK-IN-LIEU COMPUTATION April 4, 1986 Page Six Mobile Home in Mobile Home Park = $373.70 Rooms to be exluded in fee schedule: 1. Bathrooms 2. Open patios and porches 3. Dining rooms with openings to kitchen 4. Storage rooms/garages C. Case 3 - Each dwelling unit in a proposed subdivision = $776.20 D. Case 4 - Each dwelling unit in a subdivision where building plans are submitted - same figure as Case 2. Fees are updated annually by City Resolutions, these increases are based on the'McGraw-Hill Construction Index for the County. 3. La Mesa Based on unit dwelling fee. Single Family Residence, 1 bedroom = $200 Single Family Residence, more than 2 bedrooms = $250 Duplex = $150 per side Apartment Complex = $125 per unit 4. El Cajon Based on unit dwelling fee. Single Family Residence, 2 or more bedrooms = $300 Single Family Residence, 1 bedroom = $225 Duplex = $225 per unit Multi-Family (condominium) = $185 per unit Mobile Home = $150 per space 5. Escondido Based on unit dwelling fee. *Note increase in fees as of February 1, 1986. Single family residence, 1 bedroom $450 $580 *(29%) Single family residence, 2 bedrooms $515 $660 (28%) Single family residence, 3 bedrooms $540 $770 (42%) 1-5 REVISION OF LAND VALUES USED IN PARK-IN-LIEU COMPUTATION April 4, 1986 Page Seven Single family residence, 4 bedrooms $565 $735 (30%) Single family residence, 5 bedrooms $590 $770 (30%) Mobile Homes $490 $515 ( 5%) Mobile Home family unit $515 $660 (28%) 6. Chula Vista Fees based upon per unit basis: Single family dwelling $175 per unit Condos $125 per unit Duplex $100 per unit Multi-Family (Apt.) $85 per unit Mobile Homes $75 per unit Land dedication in-lieu of fee is as follows: Single family dwelling - 322 sq. ft. of park land +$175 Condominiums - 272 sq. ft. of park land +$125 per unit Duplex - 218 sq. ft. of park land +$100 per unit Multiple family (Apt.) - 174 sq. ft. of park land +$85 per unit Mobile Home - 157 sq. ft. of park land +$75 unit 7. Oceanside Fees are based on districts. The City is divided into 10 districts and parks fees vary according to the district in which the development occurs. In addition to the district fee there is also a Community/Regional Fee and a Beach Fee. Per unit fees per district are as follows: District 1 - $190 District 6 - $217 District 2 - $175 District 7 - $497 District 3 - $336 District 8 - $294 District 4 - $628 District 9 - $504 District 5 - $604 District 10 - $365 Community/Regional Fee - $242 Beach Fee - $100 Land dedication requirements in lieu of fee payment are rare according to the Planning Department. However, land dedication is based on a level of five acres per 1,000 population (based on an average of three persons per dwelling unit). 8. San Clemente The calculation of park fees and park land dedication is based on the standard of five acres/1,000 population. Park fee per dwelling unit is based on the cost of $161,020 per acre of park land and average number of persons per dwelling unit, 1-6 REVISION OF LAND VALUES USED IN PARK-IN-LIEU COMPUTATION April 4, 1986 Page Eight The cost per acre of park land is adjusted quarterly according to the Consumer Price Index for the Los Angeles, Long Beach, Anaheim area. PARK REQUIREMENT TABLE Dwelling Units Per Gross Acre Up to 6.5 6.6 to 15.5 15.6 to 25.5 25.6 and Up Average Number of Persons Per Dwelling Unit 3.75 3.20 2.10 1.90 Acreage To Be Dedicated Per Dwelling Unit .0188 .0160 .0105 .0095 Park Fee Per Dwelling Unit $3,027 $2,576 $1,692 $1,529 Fees shall be paid in-lieu of park land dedication if there is no park or recreational facility designated in the Parks and Recreational element of the General Plan to be located in whole or part within the proposed subdivision or if the proposed sub- division contains .fifty (50) parcels or less. 9. Irvine When the requirements of park dedication are complied with solely on the basis of providing park land, the minimum amount of land to be provided shall be based on the dedication standard and the density classifications and persons per dwelling unit included in the following table: Dwelling Units Per Net Acre Up to 6.5 6.6 to 12.5 12.6 and Up Persons Per Dwelling Unit 3.15 2'. 15 1.95 Acres Per Dwelling Unit .0158 .0108 .0098 Whenever the requirements of park dedication are complied with solely on the basis of the payment of park fees, the amount of such fees shall be computed by multiplying the number of pro- posed dwelling units by the acres per dwelling unit in the table shown above, and by multiplying the resultant acreage amount by the fair market value of land being developed. The fair market value is defined by Irvine as the value of property as determined by the Planning Commission based upon an appraisal by a qualified appraiser. In the event the applicant disagrees with this fair market value determination, he may select a qualified appraiser who, together with the original appraiser, shall select a third qualified appraiser. The three appraisers so selected shall conduct a fair market value analysis of the property and their determination shall be binding upon the City 1-7 REVISION OF LAND VALUES USED .IN PARK-IN-LIEU COMPUTATION April 4, 1986 Page Nine and the applicant for the purposes of this division. All costs of appraisal shall be paid by the applicant prior to the recordation or any final map or the issuance of any building permit. SUMMARY/CONCLUSION The Engineering Department is currently proposing, via agenda bill, an annual contract for appraisal services. There currently exists a need for acquiring professional appraisal services to evaluate City owned land, surplus property, or other real estate items needing an estimated value. An annual contract for appraisal services would eliminate repetition of City staff time in performing placements of advertisements, inter- viewing prospective appraisers, acquiring and reviewing bids and candidate selection. The estimated value of land per acre with regards to the Park-In-Lieu Fee has not been adjusted since 1982. As a result, the calculation of Park-In-Lieu dedication requirement for developers is currently resulting in a net loss of park land and/or money for the City of Carlsbad. Ordinance 9791, adopted January 21, 1986, prohibits the issuance of building permits throughout the City. It also provides for a study of the Public Facility Fee and other development fees. This study is to be completed on or before July 20, 1986. During this study time some exceptions to development are allowed. To qualify for an exception the developer must agree to pay any increase in the Public Facilities Fee and any other development fees determined during the study period. An increase in Park-In-Lieu Fees is justified and should be adopted during this study period. 1-8 ADDENDUM TO: REVISION OF LAND VALUES USED IN PARK-IN-LIEU COMPUTATION PAGE SIX, NUMBER 4 El Cajon El Cajon - Parkland Fund Acquisition and Development Land Dedication in lieu of fee is as follows: Single family dwelling - one acre per 135 units Condos - one acre per 160 units Duplex - one acre per 200 units (100 Duplexes) Multi-family - one acre per 250 units Mobile Home - one acre per 278 units 4/15/86 1-9 RECEIVED nA;; 2 71986 7728 Palacio Drive Carlsbad, CA 92008 March 26, 1986 David Bradstreet Parks & Recreation Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear David, This past Saturday it was my pleasure to assist with the Carlsbad Parks and Recreation Department and The La Costan Track Meet at the Levante field. The morning's activities were very well planned and the children who participated thoroughly enjoyed themselves. Jodi Prichard, who organized this event, did a commendable job. Her enthusiasm and that of the rest of the staff was quite evident. You and your department should be proud of this, another quality function provided for the children in Carlsbad. Sincerely, CathyReqanJ Parks & Recs Commissioner Attachment K FEASIBILITY STUDY COMMITTEE FOR SENIOR CITIZENS CENTER MEETING April 4, 1986 10:00 A.M. ATTENDING Dave Castner, Senior Citizen Commission Hiram Hoskin, Senior Citizen Commission John Mitchell, Senior Citizen Commission Howard Harmon, Senior Citizen Commission Sue Spickard, Parks & Recreation Senior Citizens Coordinator David Bradstreet, Parks & Recreation Director John Conti, Parks & Recreation Commission Ron Paige, Recreation Systems Inc., (Consultant) 1. Discussion of Harding Center's Replacement o Ron Paige asked for input as to the needs of the Senior Citizen Group, i.e., A. What kinds of functions and attendance? B. What food capacity required? C. Any crafts or like facilities? D. How many offices or classrooms? E. Auditorium and capacity required? o Conti Passed along Parks & Recreation Commission's observation that they oppose the razing of Harding Center. The Lunch Program of the Senior Citizens, (120 capacity) according to Castner, is purely a social function and is not for needy or indigent people. Additionally, it is estimated that only about two out of 100 people at Bingo are Senior Citizen Association members.. o Ron Paige feels that razing an 11,000 square foot facility (Harding) to put up a two story (inefficient for Senior Citizens) building of 12,000 - 14,000 square feet is cost Ineffective. The parking requirement for 120 - 150 cars is almost impossible to achieve at Harding, short of condemnation proceedings by the City (politically unacceptable - election year). 2. Other Sites o Exhaustive studies and investigations, (according to Castner) have led to nothing. A. Sites out of "Redevelopment" areas will result in no Federal funds. B. Sites out of downtown will result in Senior Citizen discomfort. Attachment L Feasibility Study Committee for Senior Citizens Center Meeting April 4, 1986 Page Two NOTE; Total membership of approximately 2,000 (estimated because of lack of records - Sue Spickard). Active members no more than 10% (200) total. C. Cannon Park not desired by Senior Citizen's Commission. o Senior Citizens want action now!! (Politically explosive in election year). 3. Compromise Suggestions to be Offered Next Meeting - By J. Conti 1. Parks & Recreation adjust their class meetings to allow Senior Citizens more time at Harding Center. 2. Exhaustive study of Pine School administration building suggestion by Mammaux and School Board. Ron Paige's firm to meet immediately, after forming the needs of the Senior Citizens, with the School Board and Parks & Recreation staff and proceed with plan. 3. Investigate other sites with downtown business's for possible purchase of land, condemnation or other? I.E., Bauer Lumber? Conti left at 11:15 A.M. L-l Parks and Recreation Commission "The Green Sheet" April 21, 1986 The Stagecoach Park Commemoration Ceremony/ marking the start of Phase II site construction was held April 3, 1986. Thanks to everyone who made this event a success. The sprinklers are on and the grass is coming up at Fuerte Park. Look for yet another park dedication soon I Phase I - Calavera Hills Community Park construction plans and specifications are nearing the completion of plan checking. Authorization to go to contract bid will come before the City Council April 22, 1986. The Parks and Recreation fiscal year 1986-87 Budget Request has undergone preliminary cuts. Total Department reduction was ap- proximately 12%. Youngsters from Carlsbad will be competing in the San Diego County Municipal Athletic Federation Youth Track Meet on Saturday, May 3 at the San Diego State University Track. The City has traditionally had an excellent turnout for this meet. Any young- ster who competed in the City-wide meet on March 15th is eligible. Youngsters who finish among the top four in any event are then eligible to participate in the Southern California Meet in Orange County over the Memorial Day weekend. Staff will be present as officials and coaches. The Department will be setting up a fun and challenging obstacle course as part of the 'Carlsbad Loves Kids Day1 on Saturday, April 19th in Holiday Park. Sponsored by the Carlsbad Library and friends of the Library, Recreation staff will be present to run the obstacle course as well as help with decorating and setting-up for the festivities. The City of Carlsbad, in conjunction with the City of Oceanside and the California Beach Volleyball Association, is running the First Annual Carlsbad Men's 'B' Spring Volleyball Tournament. Slated for Saturday and Sunday, May 17 and 18, the tourney will bring together some of San Diego, Orange, and L.A. counties finest beach players to the beautiful Oceanside Harbor. A section of the pool deck has been cut and removed to analyze the deteriorating' deck problem at the Swim Complex. Re-pouring will take place the week of 4/14-4/20. The trial solution will then be monitored for effectiveness. A new Red Cross course "Lifeguard Training" will be taught for the first time in North County at the Swim Complex, beginning 4/19/86, taught by Carl Pope. The Swim Complex will be used by "Avacado League" swimming for League Final Preliminaries, hosted by Carlsbad High School on 5/14 and 5/17. The 1986 Summer Brochure will be mailed out to Carlsbad residents during the first part of May. It will include programs, classes and special events offered from June through August. The Dance Recital was a great success. There were approximately 300 people at the dress rehearsal and 450 people at the performance on April 4, 1986. A special thanks to Cathy Regan and Lynn and Keith Chase for attending. The Spring Recital that includes performances by children and adults in recreational classes will be held on May 29, 1986. Invitations and tickets will be sent out during the first part of May. MINUTES Meeting of: Dace of Meeting: Time of Meeting: Place of Meeting: PARKS & RECREATION COMMISSION February 10, 1986 5:00 p.m. City Council Chambers COMMISSIONERS CALL TO ORDER: The meeting was called to order by Chairman Wright at 5:10 p.m. ROLL CALL: Present - Chairman Wright, Commissioners Conti, Dahlquist, Donovan, Morrison, Popovich and Regan. Absent - None. Staff Present: Dave Bradstreet, Director of Parks & Recreaticjn Keith Beverly, AAII Lynn Chase, Recreation Superintendent PUBLIC OPEN FORUM: Larry Clemens, Vice President of Hunt Properties, Inc., 7707 El Camino Real, addressed the Commission regarding a park area within the Pacific Rim project. He explained the acreage contains the Batiquitos Lagoon of approximately 400 acres, and the passive use of that area is something that is yet to be discussed. Mr. Clemens stated he was present tonight to discuss the active park site. A park site of approximately 20 to 30 acre: is required, and the site should be relatively flat and have public access. Mr. Clemens called attention to two wall charts, one showing the Hunt Property, and the other containing a blowup of the proposed park area. This area is off of Poinsettia, and as part of the Master Plan, the exact acreage will be determined. Mr. Clemens recommended Hunt Properties dedicate this acreage for an active park and approximately ten acres of the park would be developed in conjunction with the Sammis Property. Hunt Properties would provide the land, because they have it, and would dedicate the acreage. Sammis Properties would improve a portion of the site, approximately ten acres, and offer this to the City in a "turnkey" condition. Jon Briggs, Vice President, Sammis Properties, stated a park requirement was part of their Master Plan approved last fall. He stated that Council Member Pettine had been interested in parks in the southwest quadrant, and as an alternative the City then required the developer to dedicate land off-site for park purposes, prior to any occupancy of the Sammis project. This land can be dedicated up front to bring that quadrant up to standard. Mr. Briggs stated the applicant had studied this requirement and felt the recommended plan would help meet the community needs as well as the intent of that condition. With Hunt Properties dedicating some 30 acres of land, that would be enough for a community park in the southwest quadrant. Mr. Briggs said if Sammis Properties could develop the ten acres in a "turnkey" condition, the current needs would be met. This would solve the park problem in the southwest quadrant and bring the parks up to current needs. In answer to Commission query, Mr. Briggs said this meets the Quimby Act requirements and the City would have a finished project. He added this would be in excess of what park fees would be. MINUTES PARKS & RECREATION COMMISSION February 10, 1986 Page 2 COMMISSIONERS Mr. Clemens stated this was a condition of the Master Plan an the applicant must pay park-in-lieu fees or dedicate acreage. He stated he understood the City wanted acreage from the larger developers. Mr. Briggs explained the developers had studied the Stagecoac drawings and would work with the Parks & Recreation Departmen to formulate the best plan for improvement. He suggested it might be better to grade all 30 acres and provide ballfields immediately, or improve 10 acres down to the last tree. Mr. Briggs stated their willingness to work out what the City desired. There was a discussion about the formula for determining the park requirement, and Dave Bradstreet said the General Plan and Quimby Act are different. The different formula has been given to the applicants, and Mr. Clemens stated they do have other areas that should be considered, such as special facilities areas and the Batiquitos Lagoon and other open spaces. Mr. Clemens assured the Commission the swim and tennis club would be open to the public. Dave Bradstreet referred to his letter of January 31, 1986, t Mr. Clemens, with the calculation of the land or fee requirement. Mr. Clemens answered that letter on February 5, and Mr. Briggs presented a letter dated today. Mr. Bradstreet added this was for information purposes only, to inform the Commission because of the articles appearing in the newspapers. The property will be staked and the Site Committee and any other interested Commissioners should meet there and walk the property. The developer will provide topographic maps of the area. The developers will work up a formal presentation at a later time. James Courtney, 4914 Avila, asked for a clarification on the speed soccer court at the Monroe Street courts. Mr. Courtney said originally the request had been made for the City to fund this program. That was turned down, and a year later the request was made again with the soccer people funding the project. Mr. Courtney stated they were given a year to prove interest in speed soccer. Now, two of the courts there have been re-surfaced and he noticed they were measuring for wind screens. Mr. Courtney said he needed to know now whethe they would get the other two courts to construct a regulation court, if they do prove speed soccer is viable as a sport. They would carpet the courts upon erecting an approved court, and he expressed concern about the money being spent on the other two tennis courts. Mr. Courtney added if they would not get the other two courts, he needed to know that now. Mr. Courtney stated the tennis players who testified before the Commission only play there one hour in the morning, and only one of the group lives in Carlsbad, with the remainder living in Oceanside. He said the courts are not full on weekends, as he has monitored them. Chairman Wright stated the speed soccer had been granted one court for one year, and after the paddle tennis stopped, they had been allowed to use two courts. The Commission had understood the northern two courts would be used for speed soccer for a trial period of one year. The southern two courts would be maintained for tennis during that time. MINUTES PARKS & RECREATION COMMISSION February 10, 1986 Page 3 COMMISSIONERS At the end of the year, this will be re-evaluated and a decision made at that time. APPROVAL OF MINUTES: The Minutes of the January 20, 1986, Meeting were approved as presented. APPROVAL OF AGENDA: Commissioner Donovan asked for an update on the work stoppage on Rancho Santa Fe Road and possible impact on Stagecoach Park. The Agenda was aproved as amended. APPOINT SCRIBE: Commissioner Popovich was appointed Scribe for this Meeting. UNFINISHED BUSINESS: A. Scribe Report Chairman Wright referred to the report as contained in the packet. B. PFF Report Dave Bradstreet referred to his memorandum dated January 29, 1986, to Jim Hagaman, Research & Analysis, which updated the PFF requirement for community parks, special use areas and special resource areas. The conclusion, after an analysis of the new park requirements, was that in 1986 dollars the total was $38,518,375. The reason the figures were revised from prior calculations is that: "on January 20 1986, the Parks and Recreation Commission voted unanimously tc extract park land that was dedicated prior to 1982, and incorporate all those acres into either the new Community Parks or Special Use Area classifications. These new classifications were a result of the 1982 Parks and Recreatioi Master Plan revision. "The Commission also credited to the Community Park classi- fication 100 acres from the Macario Canyon Special Resource Area. The 100 acres have been evenly distributed, 25 additional acres to each Park-in-Lieu District; thus reducing the build-out acreage requirements for each of these district "When the Parks and Recreation Element to the General Plan wa: revised in 1982, it created an instant shortage in two new proposed classifications — Community Parks and Special Use Areas. In order to offset this shortage, the Commission incorporated previously identified mini and vest-pocket parks into the Special Use Area classification. They also re- classified the existing neighborhood parks and incorporated Wright Conti Dahlquist Donovan Morrison Popovich Regan Wright Conti Dahlquist Donovan Morrison Popovich Regan MINUTES PARKS & RECREATION COMMISSION February 10, 1986 Page 4 COMMISSIONERS "them into the Community Park classification. This action and the inclusion of 100 acres of the Macario Canyon Park into the Community Park classification greatly reduced the instant shortage created by the 1982 revision. "Even though some of the new community park areas do not meet the criteria as outlined in the Parks & Recreation Master Plan, it was the intent of the old Master Plan that these subject areas were to have community use." The following analysis of the City's park inventory is based on a population projection of 150,000 at buildout. Community Parks - Required at Buildout, 375 acres; 117 acres on hand as of 1986; Required to have, 112 acres, making a surplus of 5 acres. Special Use Areas - Required at Buildout, 75 acres; 64 acres on hand as of 1986; Required to have, 22.5 acres, making a surplus of 36.8 acres. Special Resource Areas - 375 acres Required at Buildout; 1986 acreage approximately 1,300 acres; required by population of 45,000, 112 acres; a surplus of 1,200 acres. The new Revised Park Inventory now coincides with the Element of the General Plan. There are ten community parks developed, and the report gave the quadrant, district, number of acres, the type—whether active, passive or natural, and the ownership. The Community Parks Undevelopec lists five parks, including Cannon Lake, Calavera Hills, Alga Norte, Hunts and Sammis, giving the same information as for the developed parks. Special Use Areas lists 23 areas and Special Resource Areas lists 7 areas. Mr. Bradstreet summed up his report, saying that by the action taken, the numbers have been straightened out, giving a positive outlook as far as park acreage. C. Beech Street Access Dave Bradstreet reported on this item, referring to the memorandum contained in the packet. Staff inspected this access and found it in poor condition. The Coastal Conservancy owns this property and the Parks & Recreation Commission, some time ago, recommended to the City Council not to accept this access, since it did not meet width standards. Nothing has been done to the access at this time, and staff now recommends the Commission advise staff to go before the City Council to request the City to accept this access and apply for grant funds from the Coastal Conservancy to improve the steps and make the access safe. Keith Beverly answered Commission questions regarding the staff report. Dave Bradstreet stated he felt this was a "lame duck" and something should be done by the City. Commission discussion followed, with the consensus of the Commissioners being to get the deed from Coastal Conservancy, repair and restore this access to make it safe. A question was raised about lighting, and Dave Bradstreet stated he would investigate that, although no accesses do have lights. MINUTES PARKS & RECREATION COMMISSION February 10, 1986 Page 5 COMMISSIONERS Parks & Recreation Commission recommended the deed for the Beech Street Beach Access be given to the City by Coastal Conservancy and the City pursue grant monies to restore and repair the steps and the access. Commissioner Conti had temporarily left the room at the time the previous vote was taken. D. Mini Golf Practice Range at Alta Mira Keith Beverly gave the report on this item, stating the insurance problem may stop Mr. Lynne from pursuing this request. E. Stagecoach Community Park Phase II Kick-Off Dave Bradstreet invited everyone to attend the kick-off ceremonies for Phase II of Stagecoach Park, to be held at the site of the community center, off of Mision Estancia, February.20, 1986, at 4:00 p.m. A plaque will be presented to a representative for the Commission. This plaque will be placed on the community center when it is constructed. F. Parks & Recreation Commission—Letter to the Editor Chairman Wright reported the letter appeared in the Carlsbad Journal on Saturday as "Guest Comment". He expressed the hope it will be printed in the other papers shortly. NEW BUSINESS: A. Creation of a Foundation Lynn Chase gave the report on this item, referring to the newspaper article. This foundation would encourage citizens to donate property or money to the City, and since the foundation is a non-profit organzation, this would be a tax write-off for the citizens. Mrs. Chase asked the Commission to endorse the initiation of such a foundation in Carlsbad. The Board of Directors would have nine members, two from Parks & Recreation Commission; two from Cultural Arts Commission and five appointed by City Council. Commissioner Donovan expressed concern about adding another entity to the City Government, and added she felt this already existed in Carlsbad inasmuch as people wishing to donate anything to the City have the privilege of designating where it will go. Commissioner Morrison stated she would like to know how successful this has been in cities where it has been in operation for a year or two. Parks & Recreation Commission requested staff to investigate the success of the proposed foundation in cities where this has been in operation for a year or two, to provide more input for the Commissioners. Mrs. Chase suggested this report be placed on the April meeting agenda. Wright Conti Dahlquist Donovan Morrison Popovich Regan MINUTES PARKS & RECREATION COMMISSION February 10, 1986 Page 6 COMMISSIONERS B. Performance Theater Proposal Dave Bradstreet reported Joe Sandy and Mike O'Hara had proposed a study be made, concurrent with the other studies being made for Macario Canyon, as to the feasibility of a performance theater being placed somewhere in the park. He recommended the Commission listen to the proposal, analyze the documents contained in the packet and direct staff to take further action. Joe Sandy, 2892 Jefferson Street, stated he was here to answer Commission questions. He said this was more than just a theater and involved other functions indicated for the park. Privatization is one of the ways the City has envisioned developing Macario Park. Mr. Sandy stated there are a number of people interested in sponsoring some of these facilities. He said there is a need to look at the market studies, find what the market is and what the economic impact would be to the City. There is a need to know how large the facilities would be, what sports would be housed there, etc. He said his group was willing to do the initial work and find out the demand and economic impact to the City. Mr. Sandy said there is enough interest in this study to fund the study. In answer to Commission query, Mr. Sandy said it is not known at this time just what is necessary, and that is why a study should be made. He felt the entire park should be studied, and not just one piece at a time. Dave Bradstreet commented this was in line with the Macario Canyon development, which recommends 2/3 funding by private enterprise. The Macario Canyon Plan is five years old, and with a number of people requesting different uses for the Park, it might be time to look at that Plan and revise it. Mr. Bradstreet said he would need help in order to do this, since the Park is under Parks & Recreation auspices. Chairman Wright stated this would be a part of the Master Plan for Macario Canyon, and he felt this would be an excellent study to address the several functions to be considered for the Park. Mr. Sandy stated if the Commission thought this was a good idea, and if City Council agreed, it would be possible to discuss this with Mr. Bradstreet and return in a month with a report. Parks & Recreation Commission accepted the proposal for a study of a performance facility to be constructed in the Macario Canyon Park, to be done at the expense of the individuals and/or companies represented by Mike O'Hara and Joe Sandy. Chairman Wright commented in further support of this concept, stating that he endorses this enthusiastically. Most Commissioners expressed agreement with Chairman Wright, adding that the time was right. Dave Bradstreet stated he wanted to make a proposal to the City Manager's Office, and he will return to the Commission with his report. This will be on the help needed to rework the Macario Canyon Plan and staff needed to work with the people interested in the previous study. Wright Conti Dahlquist Donovan Morrison Popovich Regan MINUTES PARKS & RECREATION COMMISSION February 10, 1986 Page 7 COMMISSIONERS COUNCIL REPORT: Council Member Pettine was not present at this time. ADDITIONAL BUSINESS: Stoppage of work on Rancho Santa Fe Road and Impact on Stagecoach Park Commissioner Donovan asked about the widening of Rancho Santa Fe Road and building Mision Estancia. Dave Bradstreet stated it was not his understanding the widening was necessary for the building of the Park. Daon Corporation was to provide access to the Park, and they have done that. This matter is at City Council level, and the City is looking into the possibility of Rancho Santa Fe Road not being widened during the moratorium. The Mission Estancia loop has not been completed. However, there is access from La Costa Avenue, across Rancho Santa Fe Road, at the signal. SCRIBE REPORT: Commissioner Popovich gave the Scribe Report. ADJOURNMENT: By proper motion, the Meeting of February 10, 1986, was adjourned at 6:42 p.m. Respectfully submitted, ij'icdttftj&tf^' Harriett Babbitt Minutes Clerk CITY OF CARLSBAD — AGENDA BILL o1 1-1J CU4) .g CO 0 ftp# £TJ* MTQ 2/18/86 pppT P&R TJILEj ESTABLISHMENT OF AN ARCHITECTURAL FEASIBILITY STUDY COMMITTEE FOR THE SENIOR CITIZENS CENTER DEPT. HD. W CITY ATTY\iFA CITY MGR.^^^_ O C <fl01 M (20) O•S ^S cov co S -H 00a cucuB X!cuP oo CO cu co N CU W 3 " "aMO <U •H <UG <*>cu ^^en ou cu cu T3 CU C POu co § M 0) cu.cH O -H co' B ^4 O0* O•a«cu o S -H4Jtocucuc I-H U°,s cu 13 •H U C 3 O U cu H CO T3•H CU CO OCO COCO ^ CO CMa<u cu N Si •H 4-1 4-1 O O co coI ICO "I r-l CNI I CN CS O Oo RECOMMENDED ACTION: City Council adopt Resolution No .and appoint a seven member committee to assist in the Architectural Feasibility Study of the Senior Citizens Community Center at the Harding Street site. ITEM EXPLANATION At the City Council meeting of January 7, 1986, Council adopted AB 8472 and directed staff to contract with the City's Park and Facility Planning Consultant, RSI, to conduct an Architectural Feasibility Study with regards to the following issues: 1. That the Harding Community Center site be the location for the permanent Senior Citizen facility. 2. That the existing structures be demolished and a new 12,000 square foot building be constructed with room for expansion, to be used exclusively by Senior Citizens. 3. That the alley on the east side of the existing buildings' be vacated and the property to the north be purchased in order to provide additional space for the new building and parking. Council additionally directed that the Feasibility Study include the issues of displacement of the Recreation and Senior personnel and their respective programs. In order to provide adequate facilities to accommodate senior activities at the Harding Street site, RSI and City staff is requesting the formation of a committee to assist in the Feasibility Study. RSI expressed that working with City staff and a Feasibility Study Committee will provide an effective means of communicating the needs between potential users, the actual providers, the operators and the designers . The committee would assist in determining which programs or activities should be provided; how they can best be served; and what level of service is both reasonable and appropriate. A diversified selection of committee members would establish credibility encourage a free discussion of issues among all interested parties and through a process of concensus, determine areas of agreement and compromise of facility design. One member from the Parks and Recreation Commission and one member from the Senior Citizen Commission should also serve on the Architectural Feasibility Study Committee. Attachment B Agenda Bill No. Page Two FISCAL IMPACT No additional fiscal impact is anticipated other than staff time, EXHIBITS; 1. Resolution No. Attachment B-l STATE OF CALIFORNIA—THE RESOURCES AGENCY RECEIVER M«-« < GEORGE DEUKMEJIAN, Governor DEPARTMENT OF PARKS AND RECREATION t-O. BOX 2390 :RAMENTO 9ssn <yl6) 445-0835 February 20, 1986 Mr. Keith Beverly Administrative Assistant Carlsbad Parks and Recreation Department 1200 Elm Avenue Carlsbad, CA 92008 Dear Keith: 1984 Park Bond Act - Projects Recommended/Not Recommended for Funding The Department has completed its work in evaluating all proposals under the Regional Competitive and Lakes, Reservoirs and Waterways Grant Programs and forwarded its recommendations for funding, through the Department of Finance, for consideration by the Legislature. Again, many good proposals were received that could not be funded, some of which were down-scaled to equal the available funds under both programs. Under the Regional Competitive Program, 537 proposals were received requesting $102,810,747. Director William S. Briner is recommending to the Legislature the funding of 205 projects for the amount available this year of $24,750,000. Under the Lakes, Reservoirs and Water- ways Program, 94 proposals were received amounting to $17,734,525. Of these, 49 are being recommended for funding amounting to $9,900,000. Proposals from your agency and the grant amounts being recommended for funding are: Proposals that could not be recommended for funding because of a lack of available funds are: Calavera Community Center These recommendations are now being reviewed by the Legislature through the budget process. Funding for approved grants is available July 1, 1986. At that time, an agreement will be forwarded to you for signature together with information on the ensuing procedures. Only Regional Competitive and Historical Preservation Grant funds will be available for the 1987/88 Fiscal Year, for which applications should be received by October 1, 1986. This will be the final year for competitive grants under the 1984 Park Bond Act. Sincerely, Attachment CRussell W. Porter Director of Grants Administration STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN. Governor DEPARTMENT OF PARKS AND RECREATION .P.O. BOX 2390 tCRAMENTO 95311 February 27, 2986 Marsha Payne, Administrative Assistant 1200 Elm Avenue Carlsbad, CA 92008 Subject: Stagecoach Community Park Adobe Ruin Dear Marsha: Thank you for submitting an application for grant funds for the above project through the historic preservation component of the California Park and Recreational Facilities Act of 1984, 1896 cycle. I regret to inform you that we were unable to include this project in the list recommended to the Legislature for funding this year. We received 130 applications for a total of $18 million. The $3 million allocated for this year's program has 32 projects recommended for funding, most of them for amounts less than requested. The competetive ranking for this program was such that many good projects ranked lower than others. Your project was not reachable with available funds. Staff in the Office of Historic Preservation at (916) 445-8006 will be glad to discuss your application for possible modifications for resubmittal in the next funding cycle. Your concern and commitment to preserving this important historic resource is greatly appreciated. Sincerely, Wm. S. Briner Director Attachment D eo•H co 0)t-i la 23 W 2 <u u <u c S 03 U M T) ole 0) •H H V4 O OO CITY OF CARLSBAD — AGENDA BILL 2/18/86 PERT. p & R TITLE: COMMITTEE SELECTION TO ASSIST WITH THE GOLF COURSE FEASIBILITY STUDY DEPT. HP CITY CITY RECOMMENDED ACTION: City Council adopt Resolution No. f^f / 0 and appoint a seven member committee to assist with the Golf Course Feasibility Study for the Macario Canyon/Agua Hedionda Lagoon South Shore. ITEM EXPLANATION At the City Council meeting of December 3, 1985, Council adopted Agenda Bill 8429 and directed staff to proceed with the Golf Course Feasibility Study. Staff was further directed to work with SDG&E officials regarding their participation in the study. To date 32 Request for Proposals for a Golf Course Feasibility Study have been distributed. They are due back by February 28, 1986. Council is requested to form a committee which would adequately represent the varied community interests generated by the feasibility of a golf course. In dealing with the firm that is selected to conduct the Golf Course Feasibility Study, a diversified selection of committee members would be beneficial to City staff in assuring all concerns are addressed. FISCAL IMPACT No fiscal impact is anticipated other than staff time. EXHIBITS; 1. Resolution No. ? V/£ Attachment E March 11, 1986 TO: PARKS & RECREATION COMMISSION FROM: DAVID BRADSTREET, PARKS & RECREATION DIRECTOR Background On February 25, 1986, the City Council referred Agenda Bill 8529 titled, Committee Selection to Assist with the Golf Course Feasi- bility Study back to the Parks & Recreation Commission for further review and recommendation. It appears that the City Council would like the Commission to determine: A. Should the Macario adopted Master Plan be updated before decisions are made on specific uses, i.e. golf course, theater and ballfield proposals. B. Timing on when the revision should take place and when the development should commence. Discussion I am currently working on the following approved work programs that require over 100% of my time: 1. Stagecoach Community Park 2. Calavera Hills Community park 3. Fuerte Special Use Area 4. Senior Citizen Feasibility Study 5. Golf Course Feasibility Study 6. Advanced park planning in southwest and southeast Carlsbad, i.e. Alga Norte and Hunt/Sammis. In addition, I am responsible for the day-to-day operation of the most diversified department in the city that includes coordination of capital projects, advanced park planning, Building and Maintenance and the newly acquired Senior Citizen program. It would be difficult for our department to take on any additional projects. Because of the magnitude of the adopted Macario Plan, lack of access, utilities and availability of city development funds, it has been my impression that the Macario Project has a lower priority than those outlined in our department work program. Also, I feel that the city should coordinate with the SDG&E officials in their Master Plan for the Southshore Agua Hedionda Lagoon area. The Macario Plan and SDG&E Master Plan should be tied together. Attachment E-l Parks & Recreation Commission March 11, 1986 Page 2 Staff feels that the existing Macario Master Plan should be revised and updated to include amenities that the general public, staff, and the Parks & Recreation Commission would now like to see included. However, due to the current work load, staff's goal was going to be to outline a suggested work program for the Macario revision and a specific development program after the completion of two of our community park projects, Stagecoach and Calavera Hills, which we anticipate will be completed by the end of this year. If the Commission feels that the Macario Master Plan should receive higher priority now, then staff will need a reprioritization of our current work program. Alternatives The following alternatives are proposed for Commission consideration; A. Endorse the outlined projects that staff is presently working on and direct that a work program for the Macario Master Plan revision be initiated after the completion of the two community park projects (including the inclusion of a golf course, theater and sports complex) . VTh-rf & G<SI/VV B. If it is felt that the Macario Master Plan should receive higher priority now, then staff's current work program should be reprioritized and additional resources will be necessary, to either hire a full- time project manager or a park planning consultant to direct and administer the Macario revision and specific development plan. i Recommendation Because of the current work load, staff suggests the Commission consider (Alternative A). DB: jm Attachment c: Ray Patchett, Assistant City Manager Attachment E-2 RECEIVED FE3 2 February 20, 1986 City of Carlsbad Department of Parks and Recreation 1200 Elm Avenue Carlsbad, Ca. 92008 Attention: Dave Bradstreet Dear Dave, The Carlsbad Boys and Girls Club has an important project which requires the cooperation and assistance of the Department of Parks and Recreation. As you are aware, the Encinitas School District will soon be developing the Levante Park bite as ar, elementary school. The Boys and Girls Club has been given 6-8 weeks to remove our modular clubhouse from the site. Since our proposed future home at El Camino Real and Arenal Road is not ready for development, we need a location to continue our recreational services to the young people of La Costa. Our Site Identification Committee has determined that the lot at the southernmost terminus of Levante Canyon would be a suitable location to house our modular clubhouse. A move to this site would enable us to serve our current membership without interruption. We understand that at present your department has no plans for use of this lot. We would make several improvements including fencing, landscaping, utilities and a paved parking lot. We would conduct indoor activities only on the site. All outdoor activities would take place across the street at Levante Park. We propose to lease this lot for $1 per year. Renewal of this agreement would be subject to mutual consent on an annual basis. Our Board of Directors respectfully requests permission to present this plan to the Parks and Recreation Commission at your March meeting. Since timing is critical, we urge priority consideration. Thank you for your support. Sincecely DarCSherlock Executive Director DS/kn BOYS & GIRLS CLUB OF CARLSBAD Administrative Office Post Office Box 913 Carlsbad, CA 92008 (619) 729-0956 Village Branch 3115 Roosevelt Street Carlsbad. CA 92008 (619) 729-0956 La Costa Branch 3033 Levante Carlsbad, CA 92008 (619) 753-9752 Board of Directors Officers Kristine Price President John Halsey President-Elect Tom Freese Immediate Past President Errol Roy Treasurer Sandy Matheus Secretary Members. Harriette Ashton-Cole Arvin Buechler Lael Dewhurst Artie Gilad Craig Griswold Don Harmon Don Hoyt Bruce Jordan, D.D.S. David Juarez Jim LoPresti Susan Magness George McJimsey Eric Olson Dennis Pearson John Petruccelli Mike Pfankuch Judy Pugsley Rick Ryberg Neil Sybert Rick White Danny Sherlock Executive Director Bill Saylor Assoc. Executive Director John Castanha Branch Director A United Way Agency Attachment F BUDGET CALENDAR 1986-87 OPERATING AND CAPITAL BUDGET DATE TASK FROM 2/7/86 3/2/86 4/1/86 4/12/86 TO 2/7/86 3/2/86 2/27/86 3/31/86 4/11/86 4/29/86 4/29/86 5/13/86 5/27/86 6/10/86 Distribute forms to departments Departments prepare budget requests Hold Revenue Sharing Hearing on the use of 86-87 funds Prepare budget document for City Manager review including budget analysis City Manager review budget requests and meet with department heads. Prepare preliminary budget for Council review (due to City Manager on 4-25-86) Council receives preliminary budget with overview of revenue and expenditure forecasts (no Council action or discussion required at this meeting) Council Budget Workshop - meet with department heads for questions and answers session. 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II,* «o «(1", II IIIIII H II 0o «p IIX iiTt II CN »H It UIIn D o 0 •xl! 00 "r~ nun nIIIInn n Hi nnnnnniinnu iin i nnniiniinn ii t^ LU -~- LU UJ Q^ 01aCJ CDZ>—i1- <La: 1- LUui a.z a s a 30 acre community park to serve all citizens in the southwestly negotiating with developers in the dedication and developmentin the southwest quadrant. H.P.I, will dedicate, up front,poration will develop approximately 10 acres of the 30. The parkases.of 30 acres•H 4- CX 0 (H >- 10 >-O, Sc T3 rl XIc o ac(0 U 0 m to M -iH C Olri E -H D(0 E4J tn a <fl i "O •H •!-c3 M-E u-B <cO 4- W 01>i a4J O•H 'i-lc in a)3 01 >u w e w a) 4-1c10 > i-l 4- E 0 T3o flO 01i o £iIH m •O -H O O(0 C3O 0X4-> 4-tn 01 M-* cXI 4-> (C3 0O *- £*i 4JC rHO Ol T3 • r( 4-> 0> "4-> (0 Ul HI rl E Oo -H aa x oO M 0110 M a wa <oW a in xitn to o (0 -H B< zo 1 —Q_ ctuCOUJQ UUlnO 0_ \cz^i_jm ^ 0 cUl dication and development of 10 acresprovements of 20 acresty Center Constructioneet and exceed the community park shortages as identified in thein construction in 1987 and be completed in 1990-91.0) E -H E Cr>•O-H C (U3 rH jQ •O 0) E "-I C 4J E -HO 10 -r| O S 4->J W U *fV rl 11)(0 4Ja o0)in -i-i•H O ility of the developers.JQ•HtnCOaUl<1>IH 01XI4J 0>4-1 a xi <H mO -H 40 .y C rl01 iQE ao>> 01M M > O XIHUM rl E-lH aE01 0) 01 -H •tn n in cn(0 (0 (0 0) •£X! X! XI XI &*d, (Ii O, E-i Cu* 04J tn .rH 0)tn(0XIa tn•H XI * Attachment H-7 D cn , — -H 1 O ij. a a IN <t COOQ Ir,ru/l \L .-< u 1 U_ — -*~ ^ — i UJu a Y- '_> — ^acta. a. u r I)REQUEST FOHO.0- OD K r- I U O *» O- Ul Ul^T *""* '"•) r^% ' do^ *"< ct ct _j i—ot- —tr*. 1 Oo-> CK o i Cf- '30a- -H CO1 •3D•X CN .—4 CD CO1r\ X CN — H r\ COi-o OD CN t— I 'O CD 1 00 ^ o rH rH•H reu UJ 1- t— Hu UJr~i do: iiii iiii iiii iiii ,§ i i o 0m iiii iiii ii _^.**-ID in UJQ "" z ID O 10in Z -1 r-h- — r- 01 10 Ct U Oa uj D uU LU Ct t- Q — in LU U Z ID Z I UJ <t Z O r-r> _j ki u a 0at Q. n 1 H 1 1 1 1 1 1 1 1 1 1 1 I n nn 1 H 1 1 1 | 1 1 1 1 1 1 1 1u H BnHuIInu nni u i i i i i i i i i i i i Hiinnniiiiiu II1 II 1 1 1 1 1 1 1 1 1 1 1 1IIIIIIIIIItl IInH II O " Oci ii I i d i ' i ' i i i ' i o " o* u - 0 n Om i' iniinn H « nu i u i i i i i t i i i i i iiin Hnn Hnn "nn 1 H 1 1 1 1 1 t 1 1 1 1 1 1 U niinuIIn H . : . ± . : 2 . • • .t- • • <r • o 'COto . • ct • — LU —z • • Q ID i- in cto LU • z u — i- U LU • _l ~ 3 Ct Zin u. D <L ct: ct a. oQ _J Id U <I t- Ct Uz <c ( i — o i in LU3 t- a -J — i mz netin u. — u. i o z LU1- 0. ZQXUJU UJQ.in u. <t u — LU <r ^ in oa au- ZHZct>-ct_iinceu __i^:z LULUZLUUJOLU -J OLUZl<t_J<ELUUJCt<ILUOI- 1- Da ar- in II1 II 1 1II ttnnunuuii uiii n i innnunuuuii u iii ii i innniinnnuii ni n i innnuH II II II II II 0 "o i' i' r 0 I] 0 0- » i io "in unnn HII IIII 1 II 1 1II IIII II IIII II II II II II 1 II 1 1 IIII II IIII IIII II II rn •U .'Q , « , LL UJ u. tn z 0 r- LUin :>TAL SOURCEERATING COERATING REa a. a.H a o iini «nniinuunnn uni nnnnuuuii nn u H i nnn niinunnn n i nuH nunnnuH II II ,1 II 0 II 1 "II II II II II II II „ II 1 II II II II II II II II II II II II 1 II II I! Ii II II II II 1! II —UJ -T. LU LU H- 10 TERATING COLU 0-z o 00 CO r-*O ooa) <r\<u ^G i-t-i c Q) CO -Hsi *-P -a (A 0) U) (0 4->a tusi in >H•a ex>i a) e•u <u ot-l C O 0) O.-P 0)o tn .a1-1 (Ua n o01 -Mtn -u •H C C 43 -rl ns ^ -t-i am • -H M 4J O 0) C 0) -Pa) a inE u IT)a e O T3rH C 18 4-1 >4H -H T3oca) 3 -PC i in <t) E 0) rH O 3a u cr CUM in Mo> in 4J 01 01in M vi g 1318 tn rH C 01 H 3 Ol -r) fo •H3 x;cr o •0) -H CM X! O3 -H CU C 18 r( (8 U < rH 0)a-o O -P inn c c 3 CU O0 g oin a01 o m a) c rH > 0) (8 QJ E •H TJ 04 D O0) CO rHi 4) C >(8 0) O >H T3 rH rH 01 01 •r( C -P rl O 18 rt rH > (8 -rHCJ 18 Ma aw 0)J3 OE-i MH a ctuto LU Q t-U UJn D Ct I Q. I <t QD TD C UJ Attachment H-8 March 7, 1986 TO: LYNN CHASE, RECREATION SUPERINTENDENT FROM: CARL POPE, AQUATIC SUPERVISOR SNACK BAR AT THE SWIM COMPLEX I have been informed by the Purchasing department that the City Manager's approval must be obtained before they can initiate the process of requesting bids for a contract agreement to provide concession services at the Swim Complex. To briefly review the proposal and the approvals obtained so far: The request is for an outside vendor (concessioneer) to provide food and beverage service to Swim Complex patrons during summer and at special events. The provision of the service and consumption of all food and beverages is to be located in the north grass area of the complex. Please see attachment A for the location map. To date the proposal has been approved by the County of San Diego Health Department, Environmental Health Protection Division, by Mr. David Brads treet, our department Director, and by the P(arks and Recreation Commission (5/20/85) . A copy of the proposed Contract Agreement is attached for review and approval. CP:dm Attachment Attachment J CITY OF CARLSBAD This agreement is made this day of , 19 between the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as the "City" and hereinafter referred to as "Concessioneer". WITNESSETH The parties hereto, in consideration of the mutual covenants hereinafter contained, hereby agree as follows: 1. The Concessioneer agrees to: A. Provide a service for the Parks and Recreation Department of City as follows: Concession stand which will provide Carlsbad Swim Complex (CSC) patrons a food and beverage service. B. Abide by all applicable rules and regulations, of the City, the Parks and Recreation Department, and all directives by the Director of Parks and Recreation, or his designated representative. The City retains the rights to evaluate the Consessioneer's performance, establish the scope of work and regulate the use of City facilities; however, the Concessioneer shall be responsible for determining the most appropriate method of providing, and actually providing the service. C. Consessioneer max operate the food and beverage service during the hours of 11:30 a.m. to 6:00 p.m., Monday through Friday and 12:30 p.m. to A-:30 ~ p.m. on weekends and holidays. Approval to operate during hours other than those shown may be given by the Parks and Recreation Director or his designated representative. D. The Consessioneer agrees that the services specified in this agreement will be provided by Concessioneer, or the following person5under the supervision of the Concessioneer. —— ^The Concessioneer shall be responsible for the performance and conduct of all persons listed in this paragraph. All persons listed shall abide by the terms of this agreement. E. Provide the Parks and Recreation Department with a current tuberculosis test result which is valid through the period of this Agreement. The results should show the Concessioneer, and each person listed in Paragraph F to be free of tuberculosis. F. Protect all Parks and Recreation Department property and assume responsibility for discipline and proper conduct of service participants. G. Provide all supplies and materials unless otherwise indicated in Section II (E). -1- Attachment J-l H. Provide accident insurance coverage for concessioneer and those persons listed in Paragraph D, and, if applicable, evidence of worker's —. compensation insurance. I. Concessioneer agrees to maintain the premises in as good a condition as said premises were when first occupied by concessioneer subject only to ordinary wear and usage. Concessioneer agrees to maintain the facility in a safe, clean, and sanitary condition to the complete satisfaction of the Parks and Recreation Deparment and in compliance with all applicable law. Concessioneer agrees to keep the premises free and clear of rubbish and litter during operation of the facility. City shall have the right to enter upon and inspect the area at any time for cleanliness and safety. 3. Concessioneer agrees to pay to the City One Hundred and Twenty Dollars ($120.00) per month, due and payable in advance upon the first (1st) day of each month. K. The property shall only be used for conducting a food and beverage service serving the general public. No alcoholic beverage can be served. The concessioneer must meet all local, state and federal legal requirements. L. All signs relating to said business are to conform with City Codes. M. Lessee shall not assign this contract, or any interest therein, and shall not sublet the said premises or any part thereof, or any right or privilege thereto, or suffer any other person to occupy or use said - premises, or any postion thereof, without the written consent of the City. Any such assignment or subletting without such consent shall be void, and shall, at the option of the City, terminate this agreement. N. Concessioneer shall not make any alterations to the premises without City's consent. II. The City agrees to: A. Supply the Concessioneer with a location for the snack bar; B. Provide electrical outlets and power. C. Provide supplies as follows: table, space in refrigerator/freezer, storage. III. Concessioneer shall not be an employee of the City of Carlsbad and shall be an independent contractor. City has no obligation to pay money to any person, includino those listed in Paragraph D. IV. Failure on the part of the Concessioneer to strictly adhere to the terms of this aareement shall void this contract. -2- Attachment J-2 This agreement shall terminate on May 30, 1987, or upon 30 days notice by either the City or the Concessioneer. . x. This agreement revokes and rescinds any and all prior agreements between the parties. VII. Hold Harmless Clause: Concessioneer agrees to indemnify and hold the City of Carlsbad, members of the City Council, and its employees, officers and agents, while acting as such, free and harmless of and from any and all claims, loss, damage, cost, expense or liability arising out of injury or death to persons or damage to property resulting directly or indirectly from the performance of work or services under this agreement, including such injury or harm as may be caused solely or jointly by the negligence of the City and above said persons and, further, including the defense of any actions arising therefrom. In the event suit is brought upon this agreement to enforce the terms thereof, City shall be entitled to a reasonable sum as attorney's fees. CITY OF CARLSBAD, a municipal corporation of the State of California Aquatic Supervisor, Parks and Recreation Department Contract Concessioneer Date -3- 2/10/86 - WP Attachment J-3 A f ATHLETIC FIELD TENNIS COURTS •""•Ii iL'JnLv'lU<c "•'• ', I , . : ' ' •.. . ' POOL SOLAR PANEL! COMMUNITY ARTS BUILDING _ , . FITNESS EQUIP. ^COURS^ 'ICNIC <C AREA ^ •*-•!--aj^Vim^a-iTl- .T— A February 13, 1986 TO: LYNN CHASE, Recreation Superintendent FROM: Carl Pope, Aquatic Supervisor SWIM COMPLEX FEES INTRODUCTION The Community Swim Conplex's current fees were established when the facility began operation in fall of 1981. Since that time no fee changes have been itade. In the past four years, increased operating costs have been offset by increases in program attendance. Most aquatic programs now run at maximum capacity so that any further increase in operating costs will need to be offset by higher fees and/or new programs. RECOMMENDATIONS I recommend 1) the "per admission" fee for children and adults be increased; 2) the "Discount Pass" fee for individuals and families be increased; and 3) the rental fee for oonnunity and comnercial groups be decreased, effective May 1, 1986, as follows: 1. Per Admission Current. Proposed Child $ .50 $ 1.00 Teen (13-17) f $ 1.00 $ 1.00 Adult* \&ioU££L $ 1-25 $ 1.50 *Includes up to two children under 8 years of age. 2. Discount Pass (4 months) Current Proposedopos< ./NanRes./Non Res. Res./Non Res. Individual youth/teen $20./$23. $24./$27. Individual Adult $25./$30. $30./$35. Family $40./$45. $45./$50. 3. Rentals Current Proposed Cormunity $40. /hr. $30. /hr. Commercial $50. /hr. $37. /hr. Attachment K FISCAL IMPACT If the proposed change is trade the fiscal impact is predicted to be a net increase of $6,802. in fiscal year '86-'87 from these three revenue sources, assuming attendance and number of rentals remain the same. Projected Revenue Per Admission Discount Pass Rental FY 85-86 $13,943 $14,612 $490. FY 86-87 $19,015 $16,392 $440. Predicted Change +$ 5,072 +$ 1,780 -$50.* *Current rental rates are considered "prohibitive", so the lower rates increase the number of rentals and then generate additional rental revenue. SUMMARY Since the Swim Complex opened, the number and quality of programs, services and equipment available has continuously expanded. The proposed fee changes will enable the facility and services to continue to improve and will still permit the entire community to enjoy aquatic recreation opportunities. CARL POPE Aquatic Supervisor CPrtc Attachment K-l RECEIVED Donald S. Jackson 260 Normandy Lane Carlsbad, California 92008 February 11, 1986 City of Carlsbad Parks and Recreation Commission 1200 Elm Avenue Carlsbad, California 92008 Dear Commissioners! Thank you very much for recognizing the need and acting on the matter of accessways to the beach. Though the Beech Street access may not be perfect; it is, never the less, a necessary element in the distribution along Ocean Street of the means for people of the neighborhood to get to the beach. Additional acceasways also help disburse the parking of cars by visitors and relieves the congestion caused by too few unevenly spaced accessways. We of the neighborhood appreciate your continued concern for the recreational cares of the people. Sincerely, Donald S. 'Jackson Attachment L CITY OF CARLSBAD - AGENDA BILL AR# MTq 3/18/86 DEPT p & R TITLE: CONSIDERATION OF ACCEPTING AN OFFER OF DEDICATION FOR A PUBLIC BEACH ACCESS "Tfir- DEPT. HD.^<£L_ CITY ATTY\l£fe_ CITY MGR. ,^-~ oz oo RECOMMENDED ACTION: Staff is recommending that the City Council consider accepting an offer of dedication from the State Coastal Conservancy for the Beech Street beach access. If Council concurs, adopt Resolution No. and approve allocation of funds for a stairway design. ITEM EXPLANATION: The Beech Street beach access, is currently, and has been for some time under the jurisdiction of the Coastal Conservancy. The Coastal Conservancy's objective is to take affirmative steps to pre-' serve, enhance and restore coastal resources, to develop solutions to land use problems and to provide access to the shoreline. It has been the Conservancy's goal to identify a permanent management entity that can accept title to the easement and responsibility for its improvement and long term maintenance so that it could be formally opened to the public. There are currently four City owned and maintained beach accessways between Elm Avenue and the northern boundary of Ocean Street (Exhibit 1). An increase in the use of the local beach has created heavy pedestrian use of the Beech Street accessway by citizens and tourists. The question of the City providing safe adequate public access to this area has been raised. The condition of the access easement is in a state of disrepair. Left in its present condition, the existing Beech Street beach access has become a potential liability to the state and detrimental to the interests of the City of Carlsbad. In order to analyze the feasibility of the City assuming the ownership of the accessway, a number of issues have been addressed by City staff. 1. The partially existing stairway is in a substandard condition and would require extensive repair. 2. The estimated cost to develop a concrete stairway access is $25,883. This figure includes the addition of handrails. 3. The local coastal plan recommends that an access should be 10 feet in width, however, there is nothing that states this is a mandatory figure. 4. There is no existing City standard addressing the width of beach access stairs. The Engineering Department feels that a four foot width would be adequate. 5. The Fire Department feels a four foot width is adequate for their safety concerns. Attachment L-l Agenda Bill No. Page Two 6. Vandalism could occur, but probably no more than at other beach accessways. 7. Funds for the design cost are available in the Parks and Recreation Department, Professional Services Account Number 001-820-4110-2470. 8. Complete Grant Funding is available through the State Coastal Conservancy. During the February 10th, 1986, meeting of the Parks and Recreation Commission, the idea of the City accepting ownership to provide safe public access as well as pursuing grant funding was endorsed. In coordinating the logistics of the City acceptance for this easement, it has been proposed that a Conservancy Representative take the request for a grant to the Conservancy Board for their approval, and make the acceptance of the dedication by the City a conditon of the contract for the grant. FISCAL IMPACT: Cost of project completion and maintenance are as follows: A. 1. Design and survey $ 2,500 2. Staff time $ 2,000 3. Site preparation for construction $ 1,250 4. Construction $17,360 5. Contingency $ 2,773 TOTAL $25,883 B. 1. Estimated Annual Maintenance is $ 1,500 EXHIBITS; 1. Location map of existing beach accesses 2. Resolution No. Attachment L-2 BEACH ACCESSES KEY: City-owned Access ^ Coastal" Conservancy Access- Private/Public Access Q P Attachment L-3 1 RESOLUTION NO. 2 A RESOLUTION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDING FOR THE 3 CONSTRUCTION OF A CONCRETE STAIRWAY FOR PUBLIC ACCESS TO THE BEACH AND ALLOCATION OF FUNDS FOR DESIGN OF THE FACILITY 4 The City Council of the City of Carlsbad, California, does 5 hereby resolve as follows: 6 WHEREAS, the City Council has agreed to accept an offer of 7 dedication for the Beech Street beach access, from the State 8 Coastal Conservancy and; 9 WHEREAS, a stairway design is required to pursue with the 10 grant funding from the State Coastal Conservancy; NOW, THEREFORE, BE IT RESOLVED that the City of Carlsbad 12 hereby: .13 1. Will accept the dedication of ownership of an easement 14 from Ocean Street to the beach, measuring five feet 15 from the southern boundary of the below described land: 16 Lot 29, in block A of the Hayes Land Company addition to Carlsbad, Map No. 2 in the City of Carlsbad, County 18 of San Diego, State of California, according to the Map 19 thereof No. 1221, filed in the office of the County 20 Recorder of San Diego County, November 4, 1909. 21 2. Approves the filing of an application for grant funding 22 to the Coastal Conservancy for a public beach access 23 stairway construction. 24 3. Appoints the Parks & Recreation Director or his/her 25 authorized deputy as agent of the City of Carlsbad, to 26 coordinate, process and execute all contracts, agree- 27 ments, amendments and ancillary documents within the 28 scope of the grant application. Attachment L-4 1 Resolution No. 2 Page Two 3 4 4. The acceptance of City ownership of this easement 5 will be contingent upon the approval of grant funding 6 by the Coastal Conservancy. Approved funding must 7 provide for the entire cost of constructing a 8 stairway facility acceptable under the existing 9 codes of the engineering and building departments 10 of the City of Carlsbad. 11 PASSED, APPROVED AND ADOPTED at a regular meeting 12 of the City Council of the City of Carlsbad, California, held 13 on the day of , 1986, by the following 14 vote, to wit: 15 AYES: 16 NOES: 17 ABSENT: 18 19 20 21 MARY H. CASLER, Mayor 22 23 ALETHA L. RAUTENKRANZ, City Clerk 24 25 (SEAL) 26' 27 28 Attachment L-5 RECEIVED ^06,986 3289 Donna Drive Carlsbad, CA 92008 March 3, 1986 Dear Members of the Parks and Recreation Commission: Thank you for your excellent open letter in the February 8 issue of the Carlsbad Journal. I appreciated your unemotional and factual response to the frequent criticism leveled against you. As you know, the local papers have been full of negative, non-constructive criticism of many things in Carlsbad lately, and apparently that has fired up those of us who approach problems in a more positive way. Hopefully more people will be willing to stand up and be counted among those who seek constructive solutions to the problems facing Carlsbad. Thanks again for your thoughtful, sensitive letter. Sincerely, Barbara Ladwig Attachment M Parks & Recreation Commission "Green Sheet" March 11, 1986 Sara Drapkin has been hired as Assistant Director for the Triathlon Coordination. Sam Granillo is the most recent addition to the Parks staff. The Park Maintenance Worker I position was officially filled March 3, 1986. The Triathlon is scheduled to start at 7:00 a.m. Sunday, July 13, 1986. Commission members will be requested to help present awards to the winners. Volunteers are needed, call Sara at 438-5666. Except for some minor touch up painting, the exterior remodeling of the granery is complete - it looks great! Good job!! The Parks & Recreation brochure of summer activities will be mailed out to all Carlsbad residents May 3rd. The Carlsbad High School has begun their use of the Swim Complex for the swim team. Practice is from 2-4 p.m. daily. There are eight scheduled home meets between March llth and May 9th. They have also requested use of the complex for league preliminaries. The Aquatics section will be offering Safety Training during Easter week; Water Safety Instructor, Advanced Life Saving, Basic Rescue and Water Safety, and C.P.R. are offered. Two sets of aluminum bleachers have been loaned from the Swim Complex to the Indoor Soccer League. The bleachers were needed to accommodate the unexpected spectators. Carlsbad's Youth Track Meets are scheduled for March 15th and March 22nd. Easter comes one day early for all youngsters in Carlsbad. Easter Egg Hunts are scheduled for 9:00 a.m. on Saturday March 29, at both Holiday Park in the north and Levante Park in the south. March makes for a busy month and a few lucky youngsters will find it especially so. Top boys and girls Basketball teams will be engaged in county-wide competition at Granite Hills High School on Saturday, March 15th, hosted by the City of Poway. Carlsbad will send youngsters from the third through eighth grades to vie for title of San Diego County's best. January 29, 1986 TO: JIM HAGAMAN, RESEARCH & ANALYSIS GROUP MANAGER FROM: DAVID BRADSTREET, PARKS & RECREATION DIRECTOR PFF UPDATE (SUPERSEDES MEMO OF 1/14/86 & 1/21/86) As per your request, I have reevaluated and revised the PFF figures that Marsha Payne sent you in the January 14, 1986 memo (refer to Attachment A). The new figures and calculations based on a population of 150,000 are as follows: 1985 Revised, Standard For Land Dedication Community Parks @ 2.5 Ac/1,000 = 375 Ac. Special Use Areas @ .5 Ac/1,000 = 75 Ac. Total 3.0 Ac/1,000 _Total 450 Ac. Revised Parks Assessment 1986 Developed Build-out Projection Acres Needed to Classification Acres Requirement Reach Build-out Com. Park 117.49 375 Ac. (*-100 Ac. 157.51 Macario) SUA 64.3 75 10.7 TotaL . 181.79 450 168.21 *New Cost Estimate for PFF.' • Community Park - 157.51 Ac. x $87,500 Dev. Cost = $13,782,125 Special Use Areas - 10.7 Ac. x $87,500 Dev. Cost = 936,250 Total Parks 14,718,375 Macario (calculated at 25% over 1982 Est.) 14,000,000 Leo Carrillo 2,000,000 Community Centers - 6 @ 1.3 million each : . 7,800,000 Grand Total All Areas $38,518,375 *Note; The reason that I have revised the above figures from prior calculations is that: on Janaury 20, 1986, the Parks and Recreation Commission voted unanimously to extract park land that was dedicated prior to 1982 and incorporate all those acres into either the new Community Parks or Special Use Area classifications- . These- rtev, classifications. were a result of the 1982 Park and Recreation Master Plan revision. Attachment B Upcoming leagues kick-off as follows: Mens Softball - March 16 Mens Soccer - March 16 Womens Softball - April 6 Coed Softball - April 6 Coed Volleyball - April 5 The Parks and Recreation Department will be presenting the Children's Dance Workshop Recital on April 4th, 1986, at 7:30 p.m. It will be held at the Carlsbad Community Cultural Arts Center. Invitations and tickets will be sent out in a couple of weeks. Update of Calavera Hills Community Park: Road construction has begun on Elm and Glascow, completion is expected in 120 days. The grading plans for the entire park and the site improvements for the southern portion are currently being checked by Engineering, Building and Parks staff. Update Stagecoach Community Park: Chamac, Inc. of Escondido has been selected as the contractor to complete Phase II of Stagecoach Community Park. The low bid was awarded at the February 25, 1986, City Council meeting. After an extensive report to Council explaining cost over-runs for Phase I grading and expenditures for Phase II site improvements, Council approved an additional $850,000 for the completion of the park as originally designed. Update Fuerte Park: Rain delays have hampered Parks staff completion of the ballfield site. Fifty percent of the fencing is complete and the backstop and bleachers should be installed soon. The installation of a pump to upgrade the efficiency of the irrigation system has been delayed due to San Diego Gas & Electric providing electrical service. The grass seed is planned to be planted by March 21. At their meeting February 25, 1986, the City Council approved a proposal by the Carlsbad Senior Citizens Association in the amount of $17,921 to subsidize their lunch program: $10,391 is to augment their budget from cuts due to Gramm Rudman and $7,530 is to provide monies for 15 additional meals per day. This is all for a period of one year. Jim Hagaman PFF Update January 29, 1986 Page 2 The Commission also credited to the Community Park classification 100 acres from the Macario Canyon Special Resource Area. The 100 acres have been evenly distributed, 25 additional acres to each Park-in-Lieu District; thus reducing the build-out acreage require- ments for each of those districts. When the Parks and Recreation Element to the General Plan was revised in 1982, it created an instant shortage in two new proposed classi- fications - Community Parks and Special Use Areas. In order to offset this shortage, the Commission incorporated previously identi- fied mini and vest-pocket parks into the Special Use Area classifi- cation. They also reclassified the existing neighborhood parks and incorporated them into the Community Park classification. This action and the inclusion of 100 acres of the Macario Canyon Park into the Community Park classification greatly reduced the instant shortage created by the 1982 revision. I feel that even though some of the new community park areas do not meet the criteria as outlined in the Parks & Recreation Master Plan, it was the intent of the old Master Plan that these subject areas were to have community use. New Park Assessment 1986 Based on the 1982 park standard and the incorporation of pre-1982 dedicated and purchased park land, the following is an analysis of the city's park inventory. This is based on a population pro- jection of 150,000 at build-out. Developed Park Land City Wide *Classification Community SUA Build-out Requirement 375 Ac. 75 "Ac. 1986 Existing 117.49 Ac. 64.3 Ac. Acres Req. 45,000 Pop. 112.5 ac. 22.5 Ac. Current- Surplus +4.99 Ac, +36.8 .Ac, Special Resource Areas Developed/Undeveloped SRA 375 Ac.1313 Ac,112.5 Ac. +1200.5 Ac. *Refer to Attachment B DB: jm c: Ray Patchett, Asst. City Manager Frank Mannen, Asst. City Manager Jim Elliott, Finance Director Gene Donovan, City Engineer ... Mike Holzmiller, Planning- Manager Mark Steyaert, Park Planner Attachment B-2 Revised Park Inventory Community Parks Developed 1. 2. 3. 4. 5. 6. 8. 9. 10. Site Holiday Laguna Riviera. Magee La Costa Canyon Alta Mira Hosp Grove Stagecoach Calavera Hills Larwin Quad. Dist. Acres NW NW NW SE SW NW SE NE NE 1 1 1 4 3 1 4 2 2 5.4 6.8 3.0 9.0 12.0 27.0 28.0 8.0 18.29 Type Active Active Active Active Passive/Natural Passive/Natural Active Active Passive/Natural Ownership City City City City City City City City City Total 117.49 Community Parks Undeveloped 1. Cannon Lake NW 2. Calavera Hills NE 3. Alga Norte SE 4. Hunts SW 5. Sammis SW Special Use Areas 1. Car Country 2. Pio Pico 3. Oak 4. Maxton Browne 5. Rotary 6. Cannon 7.. Larwin. 8. Fuerte 9. Fuerte Elem. 10. Buena Vista Elem. 11. Cadencia 12. CHS Tennis Complex 13. Swim Complex 14. Chase Field 15. Harding Com. Center 16. Jefferson Elem. 17. Kelly Elem. 18. Levante Elem. 19. Magnolia 20. Maxton .Brown Ext. 21. Pine Elem. 22. Valley Jr. High 23. St. Elizabeth SW NW NW NW NW SW NE SE SE NW SE NW NW NW NW NW NW SE NW NW:,. NW NW SE 3 1. 1 1 1 3 2 4 4 1 4 1 1 1 1 1 1 4 1 ' 1. 1 1 4 Total 6.7 10.0 23.0 30.0 5.0 74.7 1.0 .8 . .4 1.4 1.0 1.7 4.0 3.6 2.0 2.3 4.1 3.0 4.0 2.3 1.0 2.6 2.8 8.0 4.2 2.1 2.0 7.5 1.0 N/A Active Active Active Active Passive Passive Passive Passive Passive Active Passive Active Active Active Passive /Active Active Active Active Active Active Active Active Active Passive: . Active Active Active City Cesco - to be dedicated Daon - to be dedicated Hunts - to be dedicated Sammis - to be dedicated City City City City City Leased SDG&E City City SMUSD CUSD City CUSD City City City CUSD CUSD EUSD CUSD City CUSD CUSD Private lease 64.3 Attachment B-3 Special Resource Areas 1. Carrillo 2. Macario 3. HUB 4. Batiquitos Lagoon 5. Agua Hedionda NW Lagoon 6. Buena Vista NW Lagoon 7. Beaches Quad. SE SW SW SW L NW NW Dist. 4 3 3 3 1 1 Acres 10.3 188.0 92.0 484.0 254.0 202.0 113.0 t -* -t *^ -^ Type Active Active Active/ Passive Passive Passive/ Active Passive Active/ Passive Dev. ( No No No No Partial Partial Partial Ownership City City Lease SDG&E Private State Lease SDG&E State State Private 1/29/86 Attachment B-4 aCS uOS• 3otnuOS 00 o tn 3DV3HDV OSa D U Q u oOS O4 tnQOS<Q2 tn OSu Q OS Q 2 tn tn cs 04 Cuo(X o• o . 0.0 Du C <-» 0 O4 ^ O Uo o <o oo i-i ini—i --» • ^ « CN • OU < I m enin • < CM I £C 1 tn«=C Htn u u« OS OSOS < 3< oOj u cotn M JM 3 OS *~* iJ »Jz < < D M M S U U2 u caO o-> cuu tn tn moinoinomOLno 3DV3HDV Attachment B-5 January 28, 1986 TO: DAVID B-RADSTREET, PARKS & RECREATION DIRECTOR FROM: KEITH BEVERLY, ADMINISTRATIVE ASSISTANT BEECH STREET BEACH ACCESS Recommendation Staff is recommending that the City of Carlsbad accept the offer of dedication for the access easement. It is also recommended that grant funding possibilities be pursued, and if possible, made a condition to the acceptance of ownership. Fiscal Impact It would cost $25,883 to develop a concrete stairway access with handrails. There is a possibility of funding by Coastal Con- servancy grant monies. Annual maintenance is estimated at $1,500 per year. Background The city's involvement with the Beech Street access began April 25, 1972 when the City Council passed Resolution No. 1998. The Resolu- tion approved the tentative map for the development of the Carlsbad Beach Club, a 23 unit, 1 lot condominium project. C.T. 72-5 was a proposed development by Klitgaard and Branson Inc. One of the conditions of this development which .was required by the City Council was that the developer "shall offer for dedication to the City of Carlsbad, an 8' public walkway adjacent and parallel to the southerly property line." On May 9, 1974, an offer of dedication was made to the City of Carlsbad, however, the dedication was offered by the owners (Klitgaard and Branson) for "the southerly 5' of Lot 29 in Block A of the Hayes Land Co. addition to Carlsbad, Map No. 2, in the City of Carlsbad." This offer was never accepted by city officials. The tentative map for C.T. 72-5 (Carlsbad Beach Club) expired on May 2, 1975, and no new applications were made with regards to this development. The dedication of an 8' walkway as a condition of approval for this project was no longer required by the city. Subsequent to the expiration of C.T. 72-5, the property was sold to R. A. McMahon and the development plans had changed to allow for the constructin of six single family residences. As a condi- tion of approval for this development, the Coastal Commission required the developer (McMahon) to dedicate, landscape, and maintain a public beach access (Permit # 1045). Attachment C Beech Street Beach Access January 28, 1986 Page 2 This subject property and the conditions of approval, while in the midst of litigation with the Coastal Commission was again sold to a Mr. Strauss. In an effort to avoid further litigation with Coastal authorities and to rid himself of the responsibility of an access which had been abandoned and fallen into a state of disrepair, dedication for the access was made to the Coastal Conservancy. The beach access, is currently, and has been for some time under the jurisdiction of the Coastal Conservancy. It has been the Conservancy's goal to identify a permanent management entity that can accept title to the easement and responsibility for its improvement and long term maintenance so that it could be formally opened to the public. On September 19, 1978, the Coastal Commission requested City Council acceptance of the 5' beach access easement (Agenda Bill No. 5583). The request for acceptance was denied because the Council expressed concern "in that the 5' width of the proposed access would create safety and maintenance problems that would far outweigh the advantages of accepting the dedication." The Parks and Recreation Commission also expressed their opposition to the access. In 1982 the Coastal Conservancy proposed that the access be repaired by the Conservation Corps, managed by the Buena Vista Lagoon Foundation, and the city provide free trash pick-up. The Conservancy further requested the Engineering Department modify similar plans to meet this 5' accessway's criteria and provide a "technical supervisor" on site during construction. This action was never taken. During the past summer, the Parks and Recreation Department picked up the trash at this site and provided minimal maintenance. Current Status The Parks and Recreation Department has been directed by the Assistant City Manager to investigate the feasibility of assuming the responsibility for the Beech Street beach access. In order to analyze this possibility, a number of issues needed to be answered and have been addressed by the Building and Engineering Departments. 1. The partially existing stairway is in a substandard condition and would require extensive repair. 2. The estimated cost to develop a concrete stairway access is $25,883. This figure includes the addition of handrails Attachment C-2 Beech Street Beach Access January 28, 1986 Page 3 3. The Local Coastal Plan recommends that an access should be 10' in width, however, there is nothing that states this is a mandatory figure. 4. There is no existing city standard addressing the width of beach access stairs. The Engineering Depart- ment feels that a 4' width would be adequate. In reference to the cost of reconstructing the stairway, I have contacted Gale Odum of the Coastal Conservancy. She has stated that funding to rebuild the access is available through the Coastal Conservancy Comprehensive Access Grant Program. Because funding is available does not guarantee grant monies will be awarded if the city should decide to accept ownership of this easement. With this in mind, and the Conservancy's desire to have this easement accepted by a managing agency, Ms. Odum stated there is a possibility that the Conservancy would make a condition to the acceptance of dedication that the grant monies be made available to the city. A Mr. Don Jackson sent a letter to Councilmember Kulchin in December. He is requesting the city accept the dedication of the access before the time limit runs out. In reference to the mean- ing of time limit, Gail Odum of the Coastal Conservancy assured me that the easement would remain under the jurisdiction of the conservancy until a managing agency would assume that responsibility. It is important to note that this access easement was never accepted by the city or recorded by the County Assessor's Office. The offer of dedication was at one point opposed by the Parks and Recreation Commission and was rejected by Council for reasons of safety and maintenance concerns. The shift in sand deposits has made this section of beach a more popular area. It is heavily used by citizens and tourists, so there is a greater need for safe adequate public access. Left in its present condition, the existing Beech Street beach access has become a potential liability to the State and detrimental to the interests of the City of Carlsbad. Alternatives A. Pursue the original 1982 Coastal Conservancy Plan to provide managment/maintenance only and Conservancy be responsible for restoration and improvements. B. Request ownership deed from Coastal Conservancy. Proceed with grant application for restoration and repair of access, C. Seek closure of access as a liability and dangerous con- dition to beach goers. KB: jm Attachment C-3 SEPTEMBER 23, 1985 TO: DAVID BRADSTREET, PARKS & RECREATION DIRECTOR FROM: Kathy Wilkinson, Office Assistant BEECH STREET BEACH ACCESS GRANT RECOMMENDATION; Staff is recommending to request further direction from the Parks and Recreation Commission and City Council as to whether to proceed with the Grant Application for the Beech Street Beach Access. BACKGROUND The five foot beach access is currently the property of the Coastal Conservancy. The site was abandoned by previous property owners and fell into disrepair from lack of maintenance and winter storm damage. In 1978 the Coastal Commission made an offer of dedication to the City. Council rejected it on the basis that the proposed access "would create safety and maintenance problems that would far outweigh the advantages of accepting the dedication". The Parks and Recreation Commission also expressed their opposition to the access. (Please refer to Attachment "A"). In 1982, the Coastal Conservancy proposed that the access be repaired by the Conservation Corps, managed by the Buena Vista Lagoon Foundation, and the City provide free trash pickup. The Conservancy further requested the Engineering Department modify similar construction plans to meet this accessway's criteria and provide a "technical supervisor" on site during construction. This was never done. (Refer to Attachment "B"). This summer, the Parks and Recreation Department picked up the trash at this site and provided minimal maintenance. The shift in sand has made this section of beach a more popular area. It is heavily used by citizens and tourists so there is a greater need for safe, adequate public accesses. Left in its present condition, Beech Access is a potential liability to the State and the City of Carlsbad. Funds are available through the Coastal Conservancy Comprehensive Access Grant Program for the repair of this access. In order for the City to apply for these funds, however, the Conservancy is saying the City must assume ownership of the property. Acceptance of the access by the City does not guarantee that grant monies will be awarded. Attachment C-4 Parks & Recreation Director September 23, 1985 Page 2 I would like to stress the fact that the access does not meet the City Standard in size to insure safety to pedestrians and maintenance personnel. It does not allow for an adequate buffer between pedes- trian traffic and neighboring properties, raising the issue of probable vandalism. Adjacent residents are oposed to the improvements and would like to see the access closed. ALTERNATIVES A. Pursue original 1982 Coastal Conservancy plan to provide management/maintenance only and Conservancy be responsible for restoration and improvements. B. Request ownership deed from Coastal Conservancy. Proceed with grant application for restoration and repair of access. The acceptance of property by the City, however, does not guarantee grant monies will be awarded. C. Seek closure of access as a liability and dangerous condition to beachgoers. FISCAL IMPACT Annual maintenance is estimated at $1,500 per year. Attachment C-5 JANUARY ZtT7 1986 TO: ADMINISTRATIVE ASSISTANT, PARKS & RECREATION VIA: DIRECTOR OF BUILDING FROM: Development Processing Services Manager BEECH AVENUE ACCESS TO THE BEACH As requested, we investigated the Beech Avenue stairway to the beach. Reviewing the history, the legal documents, and the condition of this access. Resolution 1998 approved CT 72-5 (Attachment A), which included an agreement by the developer to provide an 8-foot easement on the southerly property line of the approved tract. On May 9, 1974, the developer formally offered to dedicate a 5-foot easement to the City (Attachment B), but Council rejected the offer September 19, 1978. This acc«>«s easement has never been accepted by the City or recorded by the County Assessor's Office. The existing stairway access is in a sub-standard condition and would require extensive repair. Attached for your information is a construction estimate (Attachment C) and a location map of existing conditions (Attachment D). Please contact me if further information is required. IAVMOND A. MILLER RAM:hmj Attachments Attachment C-6 CH . OF CARLSB/> -4- — September 19, 1978 [28] [114] [70] ORDINANCE~N6T 8085. AMENDING TITLE 18, CHAPTER" 18.64. OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 18.04.105. TO AMEND THE UNIFORM BUILDING CODE TO REQUIRE FIRE RETARDANT ROOFS UNDER CERTAIN CIRCUMSTANCES. REDEVELOPMENT AGEKCY; 'Council adjourned to the Redevelopment Agency at 7:09 P.M. and reconvened at 7:15 P.M. with . four members present. DEPARTMENTAL AND CITY MANAGER REPORTS; Planning 17.15563 - Supplement II -AGENDA BILL _ _PUBLIC FACILITIES SEWER AVAILABILITY - zcA-98. The following Ordinance was Introduced for a first reading by title only: ORDINANCE NO. 9508. AMENDING' TITLE 21 , CHAPTER 21.44 OF tH£ CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.44.020 TO CONDITION THE DEVELOPMENT OF ALL PROPERTY IN THE CITY UPON THE CITY COUNCIL DETERMINATION THAT SEVER SERVICE IS AVAILABLE PURSUANT TO SUCH SEWER ALLOCATION SYSTEM AS THE COUNCIL MAY ADOPT. (--ZCA-98) Public Works ~ " 18. -HgEHTTA BILL 15583 - COASTAL COMMISSION REQEST">OR CITY ACCEPTANCE OF BEACH ACCEST The City Manager gave a brief history of the mat He referneced the letter of August 10, 1978 to Council from the San Diego Coast Regional Com- mission Director Bruce Warren, which requested that the City accept the public access dedlcatloi at the southern boundary of the Carlsbad Beach Club, a five foot easement on the south side of Richard A. McMahan's property. The.City Manager then commented that staff felt that tht five foot easement was too narrow, and that they did not recommend that the City accept such an easement, due to the problems that would most likely occuwp-He also Indicated that the dedication had been recorded 1n 1974. but had never been accepted by the City. Mr. M1ke Kennedy, Chief Planner for the Coastal Commission, addressed Council. He too. gave a brief history of the matter. He then answered questions from Council regarding the Coastal Commission's requirements or guidelines In designating easements for public beach accesses.He Indicated that the Coastal Commission did not have a minimum of maximum width requirement for access easements and that these were discretion- ary decisions of the Commission. Motion Ayes er. r r Attachment C-7 CIT. OF CARLSBA -5- September 19, 1978 Mr. Richard T. McMahan, 2701 Ocean Street, addres Council and requested that they reject the ease- ment. He stated that he felt that this parlculareasement Is unnecessary for beach access, and could create many problems for the City and the neighboring property owners. He also Indicatedthat the area currently has sufficient beach acce He quoted statements from various City officials,both past and present, who had expressed opposltl to the City accepting the easement for the followreasons-.: 1t 1s-too steep and too small to be safely Improved; 1t would create law enforcement problems, particularly traffic and parking proble and because there Is currently adequate access to the 841 of the City's beaches, which are publicbeaches. Mayor Packard Indicated that though this was not a Public Hearing matter, 1f anyone else wished tospeak on the matter, they would be allowed to do so at this time. Mr. Andre Algover, 2560 Ocean Street, adressed Council In support of the easement. He commenteton the fact that many of the persons living 1n the area definitely want the access, that It Isno more steep that others In the-area, and commented on the economic Impact and yearlyrevenues that are brought Into the City by tourists desirous of using the City's beaches. Mr. Norman Vetter, 5667 Ocean Street, a resident of the-aje«a- for 17 years, addressed Council. He commented on the two possible courses of actionthat CounHJ could take: reject the dedication and—deny "Wl public any access at all; or accept the dedication and provide some access to the public at a point where It 1s needed, and urgedCouncil to take the latter. Mr. John B. McGrath. 236 Plaza Del Sur. La Jollaaddressed Council. He Indicated that he desired to move Into the) City, but has been unable todo so due to the lack of sewer availability. He commented that a five foot access 1s better than no access at all. and suggested the possi- bility of enclosing the access 1f 1t were to cause police problems. Deputy Attorney Gojxeral Tony Joseph adressed Council In support of the easement. He Indicate*that though the approval of a five foot accessmay have an Inappropriate designation by the Coastal Commission, the Commission could notnow retract the decision. He stated that theCoastal Act 1s clear on the matter of providing beach access to all the people of California,and on the matter of the City's own Local Coasta Program, and referenced the policy set forth 1n Government Code Sections 30210 and.30211. He . then- responded to questions from Council. The Mayor Indicated that the matter would now be closed for public discussion. s. >n ng is; Attachment C-8 CIT. OF CARLSBA. -6- —Seotember 19. 1978 Council expressed concern In that the five foot w of the proposed access would create safety and maintenance problems that would far outweigh theadvantages of accepting the dedication. Councilman Lewis added the comment that the Parksand Recreation Commission, at Its last meeting, .had expressed Its opposition to the easement dueto Its width and lack of space, for proper Im- provements. . Following discussion, 1t was moved that Council reject the offer of dedication of the five foot access easement. PUBLIC HEARINGS; T571 13. AGENDA BILL J&578 - SITING OF SATELLITE SEWER TREATMENT PLANTS - GPA-5J - APPLICANT - CITY OF CARLSBAD. The staff report was given by the Planning Director. He gave a brief history and explana- tion of the matter and Indicated that the .amend- ment 1s a revision of the public utility des- criptions to provide siting of both existing and future public facilities with the 'expansion of Section (C) (6) of Chapter 4. page 28. of the Land Use Element. He Indicated that the Planning Commission had held three public hearings on the matter,had been-toneerned with the lack of definite location criteria 1n the siting of the "U" desig-nation, ajuLtherefore, had recommended modifica- tion to arWTw~ihe "U" designation to "Moat" witf In a one kilometer radius of the designation as presented 1n Exhibit "A" to Planning Commission Resolution No. 1463. Mayor Packard declared the public hearing to be open at 8:08 P.M., and asked 1f anyone wished to speak on the matter. Since no one wished to speak, the Mayor declared the public hearing, to be closed at 8:09 P.M. Following brief discussion. Council concurred with the Planning Commission, and directed the City Attorney to prepare documents adopting GPA-S3 as per Pla-B»4ng Commission Resolution No. 1463. 14. LAKE CALAVERA HILLS - GPA-51 - APPLICANT- ROY HARD. rid a.) AGENDA BILL #5579 - EIR 403 - LAKE CALAVEI 1 HILLS. A brief report was given by the Planning Dlrectoi who Indicated that this matter would be handled 1n three parts, the first of which was the draft EIR. He then turned the matter over to Mr. M1ke Zander, for further explanation and questions from Council . dth 1 Motion Ayes * Motion Ayes A • I X ••> ••• . ( ^ X X X -• X Attachment C-9 *\ *. -*I •V * J> DEDICATION- - . . " • * • * - We .hereby certify that we are the owners of Lot 29, in Block "A" :»ol Hayes Land Company Addition to Carlsbad. Map No. 2. in the City of Carlsbad, County of San Diego, State of California, according to the Map '^ * ' thereof No. 1221. filed in the Office of the County Recorder of San Diego ; . County. November 4. 1909. I ; We hereby dedicate to the public and the City of Carlsbad an ;• ' easement from Ocean Street to the beach, measuring five-feet from the r • southern boundary of the above-described land, to be used and signed as r a public walkway, the underlying fee of which reverts to the owner of • f ' record of the above-described land should the public cease the use thereof. t •;' . Dated: .May 9. 1974 KLJTGAARD & BRANSON,-INC.J . - — - RICHARD GEORGenV&ITLER. A.L'A. ASSOCIATES r . ..,' Ricnara G^orjjfc Whceiuj?,.' President • , . ' •"•». ...J-- ' • "•-, -. '• PACIFIC INSURANCE AGENCY • •\ ri * ' . .. . Attachment C-10 Cttp of Cartetmb 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 EHGINE.ERWG DEPARTMENT CONSTRUCTION COST ESTIMATE SUMMARY Project T.tle STAIRWAy ON OCEAN STREET @ BEECH AVENUE Location W/Q QC£M. Project No. STREET (3 BEECH AVENUE fSrftSElK 'WfeciK °ate 1-8-86 XRJ Conceptual D Preliminary D Final Construction Cost Estimate Summary Item No. 1. 2. 3. 4. 5. 6. 7. 8. 9. . 10. • Description DESIGN COST SURVEY COST STAFF COST CLEAR & GRUB REMOVE EXISTING STRUCTURES 48" WIDE CONCRETE SIDEWALK 48" WIDE CONCRETE SIDEWALK RETAINING WALL P.C.C. DITCH CONTINGENCY - ; ' Qucurh'ty 1 1 1 1 1 215 460 112 118 1 Unit LS LS LS LS LS SF SF SF SF % Unit Cost $1,750.0( 750. 0( 2,000.0( 500. 0( 750. 0( 65. 0( 2.7C 16. 5( 2.5( 1 2% 1 GRAND TOTAL Total Cost $ 1,750.00 750.00 2,000.00 500.00 750.00 13,975.00 1,242.00 1,848.00 295.00 2,773.00 $25,883.00 Attachment- r-11 LOCATION MAP OCEAN STREET CITY MAP BOOK PAGE PROJECT NAME ST. PROJ. NO. EXHIBIT Attachment C-12 Procedure The overall process, from grant application to project completion, can be seen on the following, chart. It is intended that this comprehensive picture of the Conservancy's program will avoid delays in turnaround time between steps. One can see, for example, that the final plans and budget are not required for a Coastal Commission permit. The program is designed so that both a permit application and the preparation of final design plans can occur simultaneously, decreasing the total process time by approximately three to five months. GRANT APPLICATir? SUBMITTED TO CONSERVANCY Initial Staff Review I CEQA INFORMATION AND EVIDENCE OF LAND TITLE SUBMITTED Public Hearing and Conservancy Board Approval IProject Contract Prepared and SIGNED FINAL PLANS AND BUDGET PREPARED CONSERVATION CORPS CCC/BCDC PERMIT AND APPROVED CONTACT/AGREEMENT OBTAINED ! CONSTRUCTION BEGINS —J I INVOICES SUBMITTED TO CONSERVANCY I90 Percent Payment I ACCESSWAY OPENS I Final Audit Inspection by Conservancy I 10 Percent Remaining Payment I PROJECT COMPLETED Legend APPLICANT ACTION Conservancy Action 10 Attachment C-13 Administration Grant Payment Ninety percent of all funds awarded are paid to the Grantee as work items are completed, by filing the appropriate invoices with a "Request for Reimbursement" form with the Conservancy. The remaining 10 percent is paid after completion of the project (including signing), receipt of the final payment request, and completion of an internal audit. The applicant has one year from the date of execution of the contract to use the rnrant funds, after which the funds are eligible for reallocation to other access projects. Changes in Approved Projects The allocation of the Conservancy's total grant among various budget items in the approved project budget may vary by as much as 10 percent without the approval of the Executive Officer* If the project is not completed as stated in the contract agreement, the Grantee may be liable for repayment to the Conservancy of all amounts paid by the Conservancy. Agency Contacts The grant process involves contact with several public agencies. The Conservancy staff is available to offer information and technical assistance. Staff also works with local jurisdictions to keep up to date regarding the project's status. The following list contains those agencies with which contact is necessary: State Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, California 94612 Attention: Gail Odom Access Program Manager (415) 464-1015 California Coastal Commission 631 Howard Street, 4th Floor San Francisco, California 94105 Attention: Pat Stebbins Access Program Manager (415) 543-8555 San Francisco Bay Conservation and Development Commission 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 Attention: Nancy Wakeman Chief of Permits (415) 557-3686 California Conservation Corps 1530 Capitol Avenue Sacramento, CA 95814 Attention: Mavis Perry (916) 445-5833 11 Attachment C-14 APPEHDIX As APPLICATIOH FORM Attachment C-15 COASTAL CONSERVANCY COMPREHENSIVE ACCESS GRANT APPLICATION FORM Project Title: Estimated Project Cost $ Applicant (Agency, address:)- Amour*- «••; Grant Request $ Project Location: County Nearest City PROJECT DESCRIPTION Provide a brief description of the project, including location, design and Materials to be used for construction. Attachment C-16 4. UNAVAILABILITY OF FUNDING FROM OTHER SOURCES What are the various funding sources for the total project? Please specify whether federal, state, local, or private. Please note any matching funds or services, indie*' 'ng their ..urces. 5. INCREASED ACCESS Has the site provided public access at some time in the past? Is the site currently accessible to the public? How will this project increase access? 6. CALIFORNIA CONSERVATION CORPS Please indicate the role that the California Conservation Corps is expected to have in construction of the accessway. 7. CEQA COMPLIANCE Please give a preliminary determination of the means by which this project will comply with CEQA requirements. Attachment C-17 PROJECT EVALUATION 1. URGENCY Is this project identified in the Local Coastal Plan or on the B.C.D.C. Public Access Supplement Map? What are the closest public access points to the north and the south? Describe any ongoing conditions which present public hazards. Describe any ongoing degredation of natural resources on the site, and the expected effects of the project on such* Are there matching funds available for this project? Will this project reopen an accessway closed by storm damage or deterioration? 2. INNOVATION AND DESIGN EXCELLENCE Please discuss any innovative aspects of the proposal. Include any unique funding, materials and/or design, innovative management, or cooperation among several groups or agencies. 3. COST EFFECTIVENESS Please discuss the cost effectiveness of the project. Consider the expected number of site visitors and the life span of the accessway. Attachment C-18 4. TIME TO COMPLETION Please indicate any issues which nay delay the project's completion, and discuss the time expected to complete the project. 5. COMPREHENSIVE PROGRAMS For coastal projects, describe how the projects proposed for funding fulfills the access needs of the jurisdiction* For San Francisco Bay projects, describe how the projects proposed for funding help complete trail systems along the bay shoreline, and connect to upland trails where appropriate* Attachment C-19 SUPPORT -JLA T E R I A L S The following materials are required to complete your grant application: 1. A preliminary cost estimate itemized by labor and materials. (Administration and engineering costs should not exceed 10 percent of the project costs.) 2. Conceptual scale drawing of the project indicating property boundaries, project design, and access sign locations. 3. Location nap indicating existing public access points adjacent to the project site. 4. Schedule indicating key interim dates and project completion. i 5. Coastal Projects only: Identification of offers to dedicate (access, open space, etc.) in the jurisdiction that will be accepted by the applicant (primarily local government applicants only). 6. An overall signing program to identify currently open, but unsigned, public accessways. This program should include on-site plus directional signing from the nearest State Highway (see Appendix F). 7. A Resolution and accompanying List of Assurances authorizing the application (see Appendix B). Attachment C-20 amroxx BS SAMPLE BKSOUJIIOB an> LIST or JLSSDHABCKS Attachment C-20 RESOLUTION NO. RESOLUTION OF THE ' City Council, Board of Supervisors APPROVING THE APPLICATION AMD ASSURANCES FOR GRANT FUNDS UNDER THE COASTAL CONSERVANCY ACCESS GRANTS PROGRAM For Project WHEREAS, the Legislature has established the State Coastal Conservancy (pursuant to Public Resources Code 31000-31400) and authorized it to award grants to local public agencies for the acquisition and development of coastal accessways; and WHEREAS, the grants are awarded pursuant to Guidelines established by the Coastal Conservancy for determination of project eligibility for funds; and WHEREAS, said procedures established by the Coastal Conservancy require the applicant to certify by resolution the approval of applications and listed assurances prior to submission of said applications to the State; HOW, THEREFORE, BE IT RESOLVED THAT THE hereby: (City Council, Board of Supervisors) 1. Approves the filing of an application for funding under the State Coastal Conservancy's Access Grants Program; and 2. Certifies that said agency agrees to the attached list of Assurances; 3. Certifies that said agency has or will have sufficient funds to operate and maintain the projeet(s) funded under this program; 4. Agrees to provide any funds needed beyond the grant requested to complete the project(s) funded under this program through the allocation of uncommitted funds* APPROVED AND ADOPTED the day of 19 . I, the undersigned, hereby certify that the foregoing Resolution No. , was duly adopted by the _ , by the following roll ' (City Council, Board of Supervisors) call vote: Ayes: Noes: Absent: Clerk Attachment C-21 LIST OF ASSURANCES The applicant hereby assures and certifies that it will comply with Conservancy regulations, policies, guidelines and requirements as they relate to the acceptance and use of Conservancy funds for this project. Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that, where appropriate, a resolution, notion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as nay be required. 2. It will have sufficient funds available to met its own share of the cost for projects. Sufficient funds will be available when the project is completed to assure the effective operation and maintenance of the facility for the purposes constructed. 3. It holds sufficient title or interest in the property to enable it to undertake lawful development and construction of the project. Except in the case where the Grantee is acquiring an interest in the property as a part of the project development such title documentation shall be reviewed by the Executive Officer of the Conservancy. 4. It will not dispose of or encumber its title or other interests in the site and facilities except as permitted by the Conservancy* 5. It will give the Conservancy, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will cause work on the project to be commenced within a reasonable tiae after receipt of notification from the Conservancy that funds havae been approved and that the project will be carried to completion with reasonable diligence. 7.. It will, where appropriate, comply with the requirements of the State's Braithwaite Act (Chapter 1574, Statutes of 1971 and related statutes), which provides for fair and equitable treatment of displaced persons. 8. It will, where appropriate, comply with the requirements of the California Environmental Quality Act. 9. It will comply with all requirements imposed by the Conservancy concerning special provisions of law, and program requirements. Attachment C-22 UCTBDIX Cs COBSKKVUIOB CX)RPS XHFOBM&TIOH & LOCATIOHS Attachment C-23 CONSERVATION WQHE AND THE CCC The California Conservation Corps undertakes projects that enhance and protect the environment and provide skills training for corpsmembers. Typical projects include developing parks, constructing coastal access, building trails, clearing streams, planting trees, restoring historical areas, protecting and improving wildlife habitats and constructing access areas for the disabled. The Placer Energy Center has been designated to work exclusively on energy-related projects, including solar installation, energy conservation through weatberizatlon, energy audits and energy conservation retrofits. The CCC also responds to state and county designated emergencies. Approximately 20 percent of the Corps' time is spent fighting floods and forest fires. The following criteria for the selection of projects will be considered in light of our enabling legislation, CCC priorities, resources and alternatives. Vill the project conserve or improve the state's natural resources, environmentally important lands and waters, or have other positive public use or benefit? Will the project provide the corpsmembers with an opportunity for training in employable skills? Vill the project provide corpsmembers with educational opportunities and offer them a greater understanding of conservation and the natural environment? Can the project be presented in discrete segments which can be accomplished wfthin a reasonable length of time? Does the proposing agency have the ability to maintain the project for a reasonable length of time after completion by the CCC? Projects are preferred which are within one hour of the nearest CCC center. For nore distant projects, the sponsor should be prepared to provide temporary corpsmember housing. On all projects the sponsor Is required to provide materials, any specialized tools necessary and technical supervision. CCC will supply the labor. If you have a project that meets all or a significant number of these standards and you vish to request CCC participation, please contact the Planning Branch in Sacramento or the Project Coordinator at the CCC center nearest the project site. (See overleaf.) If the project is tentatively approved, arrangements will be made with a center Project Coordinator to "walk* the project aite for an in-depth field evaluation. At this time the Project Coordinator will determine if the project fits the capabilities and objectives of the CCC, including conservation value, public benefit and job training/educational value to the corpsmembers. A project evaluation (CCC 58) will be completed, signed by CCC staff and submitted to the sponsor for approval and signature. Signatures of the CCC and Sponsor Bepresentatlves on the project evaluation constitute acceptance of the project for implementation as' stated. The Sponsor's Representative in the field will receive a copy of the signed evaluation. Before corpsmembers can begin work on the project, there must be a signed agreement (CCC 96) in force between the CCC and the sponsor. This agreement form can be obtained from any CCC center or from CCC headquarters in Sacramento. Attachment C-24 CENTER PHONE LIST ACADEMY Stev Ogburn Suzanne Anderson 10333 Frlcot Road San Andreas, CA 95249 (209) 736-0421 BUTTE Steve Kroeger Bill Reeves 6640 Stelffer Road Magalia, CA 95954 (916) 873-0330 CAMARILLO Macho Pina Bruce Saito Box A-CCC Camarlllo State Hospital Camarillo, CA 93010 (805) 484-4345 DEL NORTE Patrick Couch David Muraki 1500 P.J. Murphy Henorial Drive Klamath, CA 95548 (707) 482-8125 DELTA John Banuelos Ken Leap 1202 N. American Street Stockton, CA 95202 (209) 948-7110 ATSS: 423-7110 EL DORADO Clark Each Marc Groff 4411 Highway #193 Greenwood, CA 95635 (916) 823-3615 ESCQNDIDQ Benny Garcia Tom Miller Rt. 6, Box 640 Escondido, CA 92025 (619) 741-2981 FDR SATELLITE (619) 237-6563 ATSS: 631-6563 HUMBOLDT/SALMON REST Doyle Metheny Mel Kreb P.O. Box 176 Weott, CA 95571 (707) 946-2362 OAT MOUNTAIN Ed Miller Carmen Delgado P.O. Box 3457 Chatswortb, CA 91313 (818) 340-82', PLACER David Boyd Dick Warren 3710 Christain Valley Rd. Auburn, CA 95603 (916) 823-4902 ATSS: 440-4900 POMONA Enos Flores Drew Byers 3530 W. Pomona Blvd. Pomona, CA 91768 (714) 594-4206 (818) 350-6453A ATSS: 653-6453 SAN BERNARDINO Ardess Lilly P.O. Box 601 Fatten, CA 92369 (714) 862-3600 ATSS: 670-4548 SAN FRANCISCO Margaret Gabil Chris Adams Treasure Is. Naval Station Building 30 San Francisco, CA 94130 (415) 557-2702 ATSS: 597-2702 SAN LOIS OBISPO Tim Rochte Larry Hand P.O. Box 1380 San Luis Obispo, CA 93406 (805) 543-0437 SAN PEDRO Cisco Hunter Halter Hughes P.O. Box 5346 San Pedro, CA 90733 (213) 831-0185 SAN PEDRO SATELLITE (213) 744-2254 SANTA CLARA Bob Schlapfer Bob Hennessy P.O. Box 4128 Santa Clara, CA 95054 (408) 277-1150 ATSS: 522-1150 FRESNO SATELLITE (209) 445-5409 SISEIYOU Tom Buckner Bill Vogel P.O. Box 645 Montague, CA 96064 (916) 459-3462 TOnNTVILLE Dan Vaters Ernie Thompson P.O. Box 329 lountvllle, CA 94599 (707) 944-8832 SEQUOIA CENTER Porterville St. Hosp. P.O. Box 2000 Porterville, CA 93258 (209) 782-2912 Attachment C-25 APPKHDIX Ds COASTAL ACCESS STANDARDS llfP Attachment C-26 STANDARDS for ACCESSWAY LOCATION and DEVELOPMENT These standards provide overall-guidance for the location, size and nature of acc:.ai rights-of-way along the California Coast. They were adopted by the Commission and Conservancy to ensure a consistent approach 1s used to establish accesstoys. Because sites and circumstances vary along the coast, application of these standards must be flexible. For example, where existing development patterns have precluded precise adherence to the recommended standards, successful access to the shoreline has been provided on easements smaller than those recommended. These standards apply to all new developments on currently undeveloped shore- front land, the Infilling of existing developed shorefront areas, and the redevelopment of existing developed shorefront areas. It Is Important to note the difference between the Standards and the Design Guidelines. The Standards apply to the actual right-of-way designations, dedications, and easements on both public and private land. These r1ghts-of-way are the accessways. The Design Guidelines provide recommendations for facilities for the accessways. The type of facility needed for an accessway 1s dependent on the site, the amount .of use, and other site-specific criteria. GENERAL STANDARDS Standard No. 1 Coastal access facilities should be located where they safely accommodate public use. *nd should be distributed throughout an area to prevent crowding, parking congestion, and misuse of coastal resources. Accessways and trails should be sited and designed: (a) to minimize alteration of natural landforms, conform to the existing contours of the land, and be subordinate to the character of their setting; (b) to prevent unwarranted hazards to the land and public safety; (c) to provide for the privacy of adjoining residences and to minimize conflicts with adjacent or nearby established uses; (d) to be consistent with military security needs; (e) to prevent misuse of environmentally sensitive habitat areas; and (f) to ensure that agriculture will not be adversely affected. Standard No. 2 Coastal accessways located In areas of high fire or erosion hazard should be managed and constructed In • manner that does not Increase the hazard potential. Access facilities on productive agricultural lands or timber-lands can be Attachment C-27 temporarily closed during harvest or pesticide application times. Where appropriate, coastal accessways should be designed to correct abuses resulting from existing use. Access facilities constructed on access easements should be no wider than necessary to accommodate the numbers and types of users that can reasonably be expected. Width of accessway facilities can vary from a minimum of 30 Inches for a trail to a MX 1iium of 10 feet or wider'for ramps or paved walkways, depandlng on factors such as topography and proximity of the accessway to developed areas or major support facilities. Wherever possible, appropriate wheelchair access to the shoreline should be provided. Recommended widths, clearances, gradients, surfaces, and other related design criteria for various access facilities are discussed In Chapter Three, Design Guidelines. Standard No. 3 The design and placement of accessways should fully provide for the privacy of adjoining residences. Each vertical access easement 1n a residential area should be sufficiently wide to permit the placement of an appropriate accessway facility such as a stairway, ramp, trail and fencing and/or landscape buffer as necessary to ensure privacy and security. Depending on local considerations In single-family residential neighbor- hoods, vertical accessways may be fenced on the property line and use restricted to daylight hours. Standard No. 4 Public access to environmentally sensitive habitat areas such •s wetlands, tldepools, or riparian areas should be evaluated on a case by case basic, Such accessways should be consistent with the policies of Chapter Three of the Coastal Act. and should be designed and constructed so as to avoid adverse effects on the resource and, where possible, enhance the resource. All such proposals should be reviewed by the State Department of Fish and Game and the Coastal Commission. Standard No. 5 DEFINITIONS, SPECIFICATIONS, and LOCATION CRITERIA for ACCESSWAYS Definitions and specifications are presented for lateral and vertical accessways, upland trails, scenic overlooks, blkeways, hostels and support facilities Including needs for the disabled. The following standards for the location and distribution of coastal accessways, upland trails and other access related facilities apply to all new developments on currently undeveloped storefront land, the Infilling of existing developed shorefront areas, and the redevelopment of existing developed shoreline areas. The specifications and criteria Included are Intended to apply to access right-of-way designations, dedications, and easements on both public and private lands. Specific criteria for the development and Improvement of these access ways are covered 1n Chapter Three, Design Guidelines. Standard No. 6 LATERAL ACCES3WAY8 Definition: An area of land providing public access along the water's edge. Lateral accessways should be used for public pass and repass, passive recreational use, or as otherwise designated In a certified LCP. Specifications: Lateral accessways should Include a minimum of 25 feet of dry sandy beach at all times of the year, or should Include the entire sandy beach area If the width of the beach Is less than 25 feet. They should not extend further landward than the foot of an existing shoreline protective device or be closer than 10 feet to an existing single-family residence, unless another distance Is specified 1n a certified LCP. Where development poses a greater burden on public access, a larger accessway may be appropriate. Location; Lateral accessways should be located on all beachfront land to provide continuous and unimpeded lateral access along the entire reach of the sandy beach or other useable recreational shoreline, such as along bulkheads. Exceptions to*this.standard might Include military Installations where public access would compromise military security, Industrial developments and operations that would be hazardous to public safety, and developments where topographic features such as rock outcropplngs or river mouths could be hazardous to public safety. Facilities; The proximity of the ocean generally precludes any development on these narrow strips of land other than portable support facilities such as trash receptacles, picnic tables and benches, or retractable ramps or boardwalks designed for use by persons with disabilities. Standard No. 7 VERTICAL ACCESSWAYS Definition; An area of land providing a connection between the first public road, trail, or use area nearest the sea and the publicly owned tldelands or established lateral accessway. A vertical accessway should be used for public pass and repass, passive recreational use, or as otherwise designated In a certified LCP. Attachment C-29 Specification; Vertical accessways should be a Minimum of 10 feet wide as provided In the Coastal Commission's Statewide Interpretive Guidelines for Public Access. location; Vertical accessways should be established In all beachfront areas and should be evenly distributed and carefully located throughout such areas to the maximum extent feasible. They should be located where they provide access to onshore and/or offshore recreational areas. Urban Areas: Where'single family development exists or Is planned, vertical accessways should be located where streets end at the shoreline, once every six residential parcels, or up to but not more frequently than once every 500 feet. New multiple family residential projects of five dwelling units or more should provide sufficient open space within the project for a vertical accessway, an adequate public parking area, and for construction of the access facility. Condominium conversions of existing multiple family developments of five dwelling units or more should, where feasible, provide • vertical accessway on-slte. If such a facility cannot feasibly be provided within the project. 1t may be provided off site, but within the same general area. The presence of • public beach area with adequate access facilities nearby (within 1/4 mile) could reduce the needed frequency of vertical accessways 1n residential areas, as could alternative proposals from homeowners'associations to provide adequate public beach access. Commercial developments on shoreline parcels should enhance the shoreline experience by providing (or preserving) views of the ocean, vertical access through the project, and accessway facility construction and maintenance.as part of the project. Industrial development of beachfront parcels should provide vertical accessway and parking Improvements appropriate to safe public shoreline use. and according to the extent to which the potential public use of the shoreline Is displaced by the Industrial facility. Rural Areas; Land divisions of beachfront parcels or snorenne parcels containing beach areas should provide a vertical accessway to the beach area either as a separate parcel or as an easement over the parcels to be created. For parcels greater than 20 acres 1n size, for parcels which contain more than one beach area, or where the beach area Is one of substantial size (1/4 mile long or greater) more than one vertical accessway may be necessary. In rural areas. residential subdivisions or subdivisions for planned unit developments should provide vertical access facilities according to the previously stated standards for urban residential development. Attachment C-30 Letters were sent to: Carlsbad Journal Blade Tribune 1200 ELM AVENUE M ^^^ lj| LaCostan TELEPHONE CARLSBAD, CA 92008-1989 BWLWrJM Evening Tribune (619)438-5571 Citp of Cartebab PARKS & RECREATION DEPARTMENT January 27, 1986 Evening Tribune 107 S. Cedros Solana Beach, CA 92075 Attn: Lola Sherman LETTER TO THE EDITOR OR TO THE OPEN FORUM COLUMN An open letter to the citizens of Carlsbad: No one is more aware of the needs for expanded park facilities in the City of Carlsbad than the Parks and Recreation Commission. While addressing these needs, the Commission has also worked to alleviate a field shortage that has existed in Carlsbad since 1962. The philosophy of the Parks and Recreation Commission and Department was revised in a new Element in 1981. After thorough research and extensive surveys and interviews, an Element was adopted, not only- to remedy the existing shortage of active playing fields for the City, but to set forth a prudent plan for the acquisition and development of future parks. Further, the new Element emphasized the need to move from small neighborhood parks, which were expensive to maintain and provided little active play space, to community parks of 20 acres minimum. This gave the commission two goals: - The first was to solve an immediate, acute need for active playing fields for use by such groups as Bobby Sox, Little League, Youth Soccer, La Costa Youth, and Pop Warner as well as programs sponsored by the Parks and Recreation Department. - The second was to insure large community parks were built as development was on-going, actively pursuing the land or park-in-lieu fees "up front". These goals are community goals, and it has taken the joint efforts of the Carlsbad, San Marcos, and Encinitas School District, C.A.R.A., and the Parks and Recreation, Planning, and Traffic Commissions to work toward the realization of these goals. We are all working with the same purpose: to improve the opportunities and quality Attachment D Letter to the Editor or Open Forum Column January 27-,- 1986 Page 2 of life for all the citizens of Carlsbad. That attitude reflected in our two-fold goal. We need to address the need for active play areas wherever they exist and also provide multi-use, passive, and interpretive areas for the majority of the citizens of Carlsbad. For the built-out northwest quadrant of the city, that means working jointly with the Carlsbad Unified School District where, in the past five years, we have seen four acres of turf play area at Magnolia, the Community Swim Complex built, the improvements at Chase and Pine fields, a new joint-use/joint maintenance agreement with the Carlsbad Unified School District, and the Jefferson School field built. In addition, the northwest quadrant has Magee Park, which houses the Historical Society and provides space for several other community uses all in the past five years. To the south, we have been involved in Phases one and two of La Costa Canyon Park, Cadencia, and Levante in a joint-use agreement with the Encinitas School District. On line is the Fuerte Park project being constructed in conjunction with the San Marcos School District, due for completion in April of this year. Calavera Hills Community Park and Stagecoach Community Park are also due for Phase One completio: in 1986. Both parks are the first of the new Element and will include multi-use fields, lighted ball fields, and picnic and passive areas for the enjoyment of all. Further, as the completion of Cannon Road through to El Camino Real nears, the plans for the 288 acre Macario Canyon Park will commence. As individuals and groups call for golf courses, more ball fields, a much needed senior center, a revised master plan for Macario Canyon, and immediate acquisition of park land in the new developments south of Cannon Road and in the built-out northwest quadrant of the city, let's not forget the tremendous strides made over the past five years. There is still much to do, and we are pleased to volunteer our time to work for you. PARKS AND RECREATION COMMISSION CITY OF CARLSBAD Shirley Dahlquist Barbara Donovan John Conti Marjorie Morrison Jim Popovich Cathy Regan Scott Wright Attachment D-2 Placentiai ///, / . Council to Work Out - Details on Foundation In an effort to have city residents'' reach into their pockets to help pay , forspecific city programs, City Council members will meet tonight to work out, the details of a new city foundation. For residents, donations to the foun-i dation would be a tax write-off and a means to support recreation and cultural -. activities. For the city, it would bel',. another source of income, said Jim Soto,,,. director of the Recreation and Human^, Services Department. ! i "Some people are a little apprehensive,"1" in giving to the city per se because..,, they're not sure how it's going to be" spent." Soto said. With a foundation,,." however, the city is more apt to receive'.', donations and be included in wills, he said. At its last meeting, the council autho- ^ rized the foundation's creation and allot- ted the group $2,000 to "get the process started," Mayor George Ziegler said. Most of the $2,000 is slated for training workshops, liability insurance coverage and office supplies, Soto said. Tonight. City Council members will establish a process to appoint members to the new foundation. The foundation will be overseen by a board of nine directors: two from the ~ Recreation and Parks Commission, two from the Cultural Arts Commission and five appointed by the council. In other business, the council is' scheduled to review a 9-month-olo* utility users tax increase which residents- overwhelmingly defeated in an advisory vote Nov. 5. A majority of the council members have said they would vote to rescind.the 2% tax increase on telephone, electrici- ty, gas and cable television bills after 74% of those who voted Nov. 5 said they would like to go back to a 3% tax instead of the current 5% tax. —Roxana Kopetman Attachment January -*8, 1986 TO: RAY PATCHETT, ASSISTANT CITY MANAGER FROM: DAVID BRADSTREET, PARKS & RECREATION PERFORMANCE THEATER PROPOSAL DI RECTOR IR^ On January 23, 1986, Joe Sandi and Mike O'Hara met with me regarding a proposal that they are promoting that would provide an art, cultural and recreation center for the Macario Canyon Park. They are specifically requesting that the city coordinate the Golf Course Study with an additional Theater, Cultural Arts Feasibility Study at the same time. They indicated that the cost for the Theater Study would be born by someone other than the city. -^ rv> **•*•» JMo~ Since I am ready to <?o to Council with the Golf Course RFP on February 11, 1986, I need direction or assistance in coordinating this latest project. The two gentlemen also indicated that they have discussed their proposal with City Council members. Your direction or assistance would be appreciated. DB:jm Attachments Attachment F ARTS MANAGEMENT SERVICES 114A Washington Street Norwolk. Connecticut 06854 (203)838-4167 November 12, 1985 The Honorable Mary Casler Mayor - City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Dear Mayor Casler : It certainly was a pleasure to meet you in Carlsbad and to share with you Mike O'Hara's wonderful hospitality. T-o follow-up on our conversation, we thought we would put together this overview of the key elements of our proposed study: Facility Concept - A Kennedy Center for Southern California As professionals in the Arts/Entertainment field, we see two critical components to the business moving further apart, i.e., facility sizing and economics of the business. Many communities today are still building the conventional 2,500- seat performing arts center. The popularity of this concept began with the construction of Lincoln Center in New York some 28 years ago. Today, the economic needs of the industry cannot be satis- fied with 2,500 seats. We have found that al1 of these facilities require financial support from both private and public sources. Why, you may ask, has this continued? The reasons can usually be found in the mechanics of the planning process. Community leaders, architects, city councils - however well meaning - have rarely, if ever, built, managed and had the bottom line responsibility for a performing arts center. We at Jaffe/Howl and AMS have had such experi ence . The concept we have proposed for the Carlsbad Center is one that has been embraced by our professional colleagues. Such a space will lead the way into a new era of performance standards and become the most exciting performance space in America. Attachment F-2 Mayor Mary Casler Page 2 November 12, 1985 The Team The team that has been assembled to guide the planning process represents the widest possible range of experience. Jaffe/Howl and AMS is composed of Christopher Jaffe, John Toffoli.Jr. and James Rowland. In this study, we will also collaborate with John Ryan, a market research consultant and Luke Bandle, a marketing/management consultant. The background of these professionals can be found in the formal proposal. In addition, Mike O'Hara and Joseph Sandy have unique experience. Taken together this team brings to the community of Carlsbad a rare opportunity. Macario Canyon Park Plan Joseph Sandy has reviewed the Macario Canyon Park plan within the context of our concept for the "Carlsbad Center". He has con- cluded that all the proposed Park uses contained in the plan could be accommodated with our concept. It is our belief that the shar- ing of common infrastructure needs, i.e., parking, ticketing, space scheduling, concessions, maintenance, management, etc, will reduce capital costs and trigger further operating economies. Part of our proposed work will be a cost/benefit analysis of this concept. Operati ng Concept It has been suggested that a "flexible" performance center, as is proposed for Carlsbad, will have the capacity to "pay its own way". The primary thrust of our study is to provide the City and the developer with research data and analysis which demonstrate how this can occur. The ingredients of this study are: 1) Market Study - What is the size of the regional market share that a performance center located in Carlsbad could attract annually. 2) What ownership/management scheme needs to exist to pro- vide the community's assurance of success, i.e., esta- blish the structure of contractual relationships with major promoters and users of the facility. Economic Impact In addition to the actual facility operations, there are attendant economic factors that will affect the community: Attachment F-3 Mayor Mary Casler Page 3 November 12, 1985 Multiplier effect - For each dollar spent for tickets, an additional four to six may be expended for other services in the comm unity Additional employment opportunitites. Increased incremental costs to the city. Our study will assess the economic impact of these issues plus other issues identified in the course of the work. This will pro- vide a complete economic analysis from which reasoned and informed decisions can be made. Process We recognize that a public review process needs to occur for such a project to proceed. We have successfully completed projects with a similar public processes and look forward to interacting with the City Council, the Parks and Recreation Department, the Planning Commission and the Coastal Commission. I trust, Mayor Casler, that this outline gives you a good per- spective on this project. Should you have any questions, please feel free to contact me directly. With best regards , James Howl and JH/md cc : Mi ke 0'Hara Joseph Sandy Attachment F-4 SYCAMORECREEK COMPANY November 20, 1983 The Honorable Mayor Casler City of Carlsbad 1200 Eltt Avenue Carlsbad, California 92008 Re: Art, Cultural & Recreation Center Honorable Mayor Casler: Attached for your review is the modified Art and Cultural Center feasibility study proposal. As we discussed at our earlier meetings, we have committed to fund Phase I of the feasibility study. It is a sincere hope that this study will identify a positive market demand and also a positive economic benefit to the City. If the facts support our theory we would hope for full council support to proceed with planning and implementation. In addition we are also exploring additional sports and recreational uses that would be compatible with the City's overall park uses as indicated in the Macario Canyon Park Plan. We have also met with Mike Dudly of San Diego Gas and Electric to explore the possibility of coordinating our proposed feasibility study with their current planning studies as they relate to the overall park. Again, our sincere desire is to make the development of the Macario Canyon Park both functional and economically beneficial to the community of Carlsbad. Thank you for your help and cooperation. Sincerely] H. D. "Mike" O'Hara Attachment F-5 *, < rfiMMfi California 9A>OH |M9|43H«3H SYCAMORECREEK COMPANY January 21, 1986 The Honorable Mayor Casler City of Carlsbad City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Re: Macario Canyon Park Honorable Mayor Casler, Enclosed please find a proposal for a feasibility study and refer to your files as to my letters to you dated November 12, and November 20, 1985. Since this date we have been made aware of the City's funding of a study for a golf course in this same area, and after meeting with Hank Litten, who is involved with the golf group, we thought it would make a great deal of sense to combine these two efforts with the master planning of the park, so that the overall needs of the City can best be achieved. There also might be some savings by having the two consultants working together, so as not to duplicate their efforts and cost. If the concept makes sense, please let us know as to how you would like us to proceed. Thank you for your consideration. Sincerely, H. D. "Mike" O'Hara 6361 Yarrow Drive. Suite A, Carlsbad, California 92008 (619) 438-4313 Attachment F-6 JAFFE/HOWLAND AMS In professional association with The John Ryan Company Proposal to prepare a PERFORMANCE FACILITY FEASIBILITY STUDY in the City of Carlsbad, California November 4, 1985 Attachment F-7 Proposal to prepare a PERFORMANCE FACILITY FEASIBILITY STUDY in the City of Carlsbad, California TABLE OF CONTENTS I. Introduction Page 2 II. Approach Page 3 III. Team Experience Page 9 IV. Administration and Fee Proposal Page 20 Attachment F-8 Page 2 INTRODUCTION The City of Carlsbad's Macarlo Canyon Park Plan provides for a variety of park uses including a unique public/private partnership opportunity to develop sports, entertainment and cultural facili- ties. In exploring this opportunity, there are a variety of issues to be addressed. This proposal outlines a process for addressing issues specifically related to the entertainment center within the park . In such a study, one particular concern should be the recent ex- perience of communities with regard to the construction and opera- tion of entertainment/cultural facilities. The failure of some such facilities can be traced directly to decisions made very early in the planning process. Decisions regarding the building program can and do have a direct impact on the financial success of operations. In recognition of this, the Consultant Team has outlined a process for developing a building program that will consider the operational aspects of the facility from the very beginning. To "minimize the risk" associated with the development of this facility, the services of a consulting organization with experi- ence in both the design and operation of these facilities will be required. Jaffe/Howl and AMS has assembled such an organization. The Consultant Team is composed of professional arts managers and experienced arts facility planners. Taken together, the team represents some 50 years of experience in arts facility planning and over 50 years of experience in arts facilities management. In this proposal, the following information is presented: A detailed outline of the approach the Consultant Team pro- poses to uti 1 i ze . Biographical information about the various team members. A specific fee proposal and an outline of the organization of the work. Jaffe/Howland AMS is prepared to supply whatever additional mate- rial may be required to demonstrate a capacity to perform this wo rk. Attachment F-9 Page 3 APPROACH — The Consultant Team proposes a two-approach to the development of the proposed entertainment/cultural facilities. These phases are: Phase I - Feasibility Study An evaluation of the need for facilities and the economic impact of such facilities on the community. Phase II - Program Development The preparation of a facilities program that will act as a base from which building designs are developed . In approaching a study of this scope, it is important to recognize that the various constituencies or "players" have a set of objec- tives that may or may not coincide. The Consultant Team will attempt to identify and reconcile those objectives. Our objec- tive, then, is to facilitate the development of a consensus of support for the proposed facilities. The Consultants have already identified a number of objectives. These are: For the City of Carlsbad: - To enhance the local economy by increasing economic opportunities, business income and employment. - To increase sales tax revenue (through increased visitor expenditures • in total and per visit). - To provide additional recreational and cultural oppor- tunities for the residents of Carlsbad. For the business community: - To increase utilization of tourist-related industries. - To attract more affluent visitors. - To increase visitor expenditures. - To improve the city's competitive position with respect to other resort areas. For the developer: - To provide a forum for the delivery of entertainment and cultural activity to the residents and visitors to Carlsbad. Attachment F-10 ApproachPage 4 To reconciTe these objectives, the Consultant Team will need to address a wide variety of issues relating to the proposed facili- ties. Among these issues are: - What attendance levels can be achieved given various price and program scenarios. - What programming will generate the greatest revenue while preserving access for community productions, and services to local organizations. - What market penetration can be expected among residents of the Carlsbad region and how might it change when the population increases. - What type, size and quality of facility is required to satisfy the requirements of immediate and projected programming mixes. - What expenses will be associated with operating the facility. - What will be the structures for ownership and management of the faci1ity. In the following sections, the process for addressing these issues i s outli ned. Phase I - The Feasibility Study The Feasibility Study is composed of three tasks. The result of the study will be a report which documents the research analysis and recommendations of the Consultant Team. These tasks are described below: Task 1 - Market Study The Market Study will seek to establish the demand for enter- tainment and cultural programming, thus establishing facilities requirements. The market study will include the following: A. Definition of the Market The Consultants will define the market for entertainment programs in two ways: 1. Type of Programming Desired - that is, establishing demand for the various types of programs, such as: Broadway Touring Productions Headliner Acts Rock Symphonic or Operatic Presentations Attachment F-ll Approach ~~~ Page 5 2T~ Composition of Audience - that is, for each performance type, establishing demand in a. Primary Markets - residents of the Carlsbad region b. Secondary Markets - visitors to the region. This will include an analysis of where vi si tors originate . B. Estimation of the Total Market Size This estimation will be based on the attendance figures developed in part A and correlated with expenditures for the various program types. C. Evaluation of the Competition The Consultants will analyze the competition in the wider market area (as far north as Los Angeles, as far south as San Diego). This analysis will address the following criteria for each competitive activity: Institutional Character Proximity to Carlsbad Pricing Level Quality of Experience D. Estimation of Market Share Through further analysis of the information gatheredxin part C, the consultants will estimate the market share that can be captured by programs at the facility. This will also determine the quality and scope of the pro- grams that must be attained to capture a reasonable share in a particular market. E. Investigation of New Marketing Techniques The Consultants will investigate new techniques for marketing programs to both primary and secondary markets. The team will also determine what additional share of the market can be captured using such techniques. Task 2 - Economic Impact Statement (EIS) The Economic Impact Statement will be prepared from the viewpoint of the city government and the business community. As such, it will not be an internal document for the entertainment/cultural facility, but rather a financial and economic assessment of how the facility and its activities will affect others. Attachment F-12 Approach Page 6 The EIS will address the following main-stream economic Impacts for the initial years of operation: Estimated attendance at the facility by: regular overnight visitors overnight visitors coming mainly to attend performances regular day visitors day visitors coming mainly to attend performances Additional visitor expenditures in the community due to the performances at: hotels restaurants retail stores other Additional employment due to the performances, including: di rect, and indi rect Additional tax revenues to the city, such as: sal es use ad valorem other Incremental changes in operating costs to the city for: public works parks and recreation emergency services other Positive and negative impacts on other major community groups or organi zati ons : restaurants hotels retail stores amusement centers other In addition to the above "routine" economic impact concerns, it will be most likely that there are other groups or associations with social issues that need to be addressed — either in the public document or in some other way. It might be a part of the local power structure, second-home owners, senior citizens, the finan- cial community, trade unions, or whatever. For the moment. It 1s Important to note that in the Initial assessments, we will attempt to Identify "stake holders" -- parts of the community who believe they have a stake in any change that occurs in the community. The issues of these stake holders might include programming, timing of the program (hour, day of week), location, off-site parking, or whatever. It's important to note at this time that such groups probably exist; we will attempt to identify them and suggest appropriate actions. Attachment F-13 ApproachPage 7 Taste 3 - Dertlopment of an Operating Scheme The Consultant team will outline a variety of potential operating schemes for the facility. This outline will include a listing of potential ownership structures as well. Among the schemes to be studied are management and/or ownership by: Governmental Agencies or Authorities Public or Private Foundations Not-for-Profit Corporations Business Corporations Selected Combinations of the Above The consultants will analyze the advantages and disadvantages of each scheme, and recommend an operating scheme. The consultants will also verify the compatibility of the recommended operating scheme with the financing strategy. Having established an operating scheme, the Consultant Team will prepare an operations pro-forma which will detail a typical year's program of events. This pro-forma will be prepared in conjunction with the development of a management and staffing plan. The re- sults of this work will enable the consultants to prepare a budget for operations that includes accurate estimates of both income and expenses. As part of the management and staffing plan, the con- sultants will prepare detailed job descriptions for top-level management positions. Attachment F-14 Approach Page 8 Phase II -~P~rogram Development In order to develop a comprehensive facility concept, it will be necessary to solicit a wide range of input regarding the proposed facility. The Consultant team intends to implement a process which will offer interested organizations and individuals, the op- portunity to offer their views in advance of the planning effort. Among the organizations to be specifically approached are: City Parks and Recreation Department City Planning Commission Ci ty Counci1 The Consultant Team will also work with officials of the City and the Coastal Commission to design and execute an appropriate public hearing process. Through these input processes, the consultants will formulate a basic concept for the facility. The resultant building program can be expected to reflect and address the widest range of community needs and desires. The Consultant Team will produce a document which can be used to direct an architect in the preparation of a building design. It wi 11 include : A general outline of the type, size and function of the fa- cility to be built. A detailed description of the type of the spaces to be incor- porated into the building(s). A detailed description of the nature of support space to be included in the facility. The organization of spaces within the facilities, including criteria governing adjacencies and the relationship of public areas to support spaces. Siting requirements, especially with regard to site access, parking, availability of utilities, and relationship to the surrounding community. In conjunction with this work, the Consultant Team will prepare an estimate of the probable cost of construction for the facility. These estimates will include: All Hard and Soft Costs Contingency Reserves Design Fees The Consultant Team will also study how the various components of the Building Program relate to the Capital Cost Estimates and Operating Budgets. The result will be a cost-benefit analysis through which reasoned and informed decisions about the final building program can be made. Attachment F-15 Page 9 TEAM EXPERITNCE Jaffe/Howland AMS has assembled an experienced team of consultants and arts professionals. In the following pages the background and experience of each team member Is presented. The team members are: Arts Management Consultants: Christopher Jaffe, Principal Jaffe/Howland Arts Management Services James Howl and, Principal Jaffe/Howl and Arts Management Services John Toffoli, Jr., Director of Leisure Services City of Concord, California Market Research Consultants: John Ryan, President The John Ryan Company Marketing/Management Consultant: Luke M.Bandle, General Manager The Cultural Foundation, California A few words about Jaffe/Howland Arts Management Services The association of Christopher Jaffe and James Howland came about as a result of their working together at the Kentucky Center for the Arts and their contact in personal and professional circles over a 15-year span. Both men recognized that the combination of Jaffe's extensive theatre design experience and Howland's varied arts management background would create a powerful resource for municipalities and arts organizations alike. This recognition lead to the formation of Jaffe/Howland Arts Management Services in 1984. Attachment F-16 Team Experience~~'Page 10 CHRISTOPHER JAFFE, Principal Jaf fe/Howl and Arts Management Services Over the course of the past twenty-five years, Dr. Christopher Jaffe has taken a visionary approach to the design of performance facilities. As a result, he is recognized today as a leader in the field of architectural acoustics and theatre design. Christopher Jaffe was born and educated in Brooklyn, New York. He was further educated at Rensselaer Polytechnic Institute where he graduated in 1949 with a degree in Chemical Engineering. He then did postgraduate work at Columbia University, studying drama and theatre under Joseph Wood Krutch and Milton Smith. fZ Early career work focused on the theatre where Jaffe made impor- tant contributions to the then budding off-Broadway Theatre move- ment. During these years he continued his theatre studies working with Lee Strasburg at the Theatre Wing. It was through his work in the theatre, that Jaffe first became interested in acoustics and the development of symphonic shells. The Cincinnati Symphony employed a Jaffe shell in famed Cincinnati Music Hall. The design of an outdoor shell for the White House lawn in 1962 led to important commissions, including the trailer- ized shell for the New York Philharmonic and Metropolitan Opera parks concerts. In 1964, Jaffe was named the acoustical and theatrical designer for the Meadow Brook Music Pavilion. This established his reputation and led to many new assignments. Since that time^tie has constantly worked to improve the state of the art, through experimentation, study and testing. Under his guidance, Jaffe Acoustics, Inc. has designed some of the most innovative concert environments in the world. He is respon- sible for bringing the surround hall to the Western Hemisphere at the Sala Nezahual coyotl in Mexico City. He is also credited with the design of the first American surround hall, Boettcher Hall in Denver, Colorado. Both halls have received acclaim for their unparalleled intimacy and presence. Most recently, he has completed work on the renovation of the Circle Theatre for the Indianapolis Symphony and the new Riverbend Pavilion for the Cincinnati Symphony, working with the architects of Dalton, Van Dijk, Johnson & Partners and Michael Graves, Architect. Construction of the new opera houses for the Houston Lyric Opera also began in May of 1984. New commissions include the Anchorage Performing Arts Center in Alaska and the performance venues for Expo '86 in Vancouver, British Columbia. Jaffe had done extensive work in the field of variable acoustics. Through the application of electronics he has created viable multi-purpose performance spaces. At the Hult Center for the Attachment F-17 Team Experience Page 11 Performing Arts in Eugene, Oregon, he has created the United States' first digitally-controlled variable acoustic hall. Advancing the state of the acoustic art has always been a Jaffe priority. His work has included everything from sound source balancing techniques, .to methods of measuring reflected sound energy, to the development of electronic variable acoustic systems . In the design of music pavilions, Jaffe's record stands out. His designs have realized the goal of providing quality classical and popular venues to large audiences in an informal setting. Representative of these designs are the pavilions at Ravinia Park, Chicago; Concord, California; Blossom Center, Cleveland and the Meadow Brook Festival in Rochester, Michigan. Prior to the formation of .Jaffe/Howland AMS, Jaffe was involved in a large number of feasibility studies. In Concord, California, Jaffe's work focused on the development of program requirements for the Concord Pavilion. His work included, among other things, a study of the audience-performer relationship, an outline of theatrical and acoustical requirements and a definition of support space needs . In Houston, Texas, Mitchell Energy Corporation engaged Jaffe to lead a feasibility study for a new pavilion to be included in the new city of The Woodlands. The Woodlands is a development north of the city of Houston. The plans include residential and commercial components as well as an extensive Cultural/Civic Center. The feasibility study included an extensive survey of market demand, development of pavilion program requirements and preparation of capital costs and operations budgets. Attachment F-18 Team ExperiencePage 12 JAMES HOWLAND, Principal Jaffe/Howl and Arts Management Services James Howland was born in Buffalo, New York in 1941. He received his business education at Michigan State University and also attended the Advanced Deferred Giving Institute conducted by the University of California. In 1964, Howland was the receipent of an Internship grant from the Ford Foundation and interned with the Buffalo Philharmonic Orchestra under the now Managing Director of Carnegie Hall, Seymour Rosen. He went on to a 15 year career as a symphony orchestra manager working with orchestras in Fresno, Toledo, and Syracuse. It was at the conclusion of his five years service as Executive Director of the Saint Paul Chamber Orchestra, that Howland decided to apply his management skills to the development of performing arts centers. In 1979, Howland was recruited by the Kentucky Center for the Arts to work with the development of their new performing arts facil- ity. Initially he had responsibility for identifying to the architect, the operational requirements and support facilities required for the defined program. He then supervised a market research project designed to analyze the market demand for various types of entertainment activity and developed a consumer based marketing management plan for the Kentucky Center for the Arts. His final service to the Kentucky Center for the Arts was to conceptualize the Opening Night Gala. He recruited Emmy Award winning Producer George Stevens, Jr. to produce the Gala. This Gala, which Howland managed on behalf of the Kentucky Center, generated a net income of one million dollars. Concurrent with his work with the Kentucky Center, the Center ap- proached Howland to apply his management skills to the struggling Louisville Theatrical Association (the regional presenter of Broadway Touring Productions), in preparation for their role as one of five resident users of the Kentucky Center for the Arts. In a three year period Howland guided the Louisville Broadway Series from a split week "Bus and Truck" presenter with 2,300 subscribers to National Touring Productions, with week long runs, and 5,000 subscribers. The success of this transition was critical to the projected operating stability of the new Kentucky Center for the Arts . His consultancies include the California and Kentucky State Art Councils; Facilities Planning Committee for Stranaghan Center in Toledo, Ohio; St. Paul Ramsey Arts 4 Science Council in St. Paul; Rhode Island College in Providence; Fresno Theatre and Convention Center in Fresno; Illusion Theatre, St. Paul; Pennyrile Arts Coun- cil, Hopkinsvi1le, Kentucky; Northern Kentucky Arts Council, New- port, Kentucky; and the Louisville Theatrical Association, and Macauley Theatre, both in Louisville, Kentucky. Attachment F-19 Team Experience Page 13 He has als~6~ given major speeches to the Minnesota Council on Foundations and University of Louisville, Marketing Masters. Rowland's current work includes leading a major feasibility study for an outdoor cultural center near Atlanta, Georgia. This study, by Jaf fe/Howl and AMS with a team of associated consultants, will establish the feasibility of developing such a facility, develop a program for the facility, plan operating and financial structures, and devise marketing strategies. Howl and is also acting as a management consultant to the Shubert Performing Arts Center in New Haven, Connecticut. His responsi- bilities include analyzing the management structure and recommen- ding improvements, assisting in the booking of a touring Broadway series, and rebuilding the subscription program. Attachment F-20 Team Experience~Page 14 JOHN TOFFOLI, JR., President Theatre Management & Design Consultants John Toffoli, Jr., was born in 1932 in Richmond, California. He attended grammer and high school in Richmond and Hatsonville and ultimately graduated from the University of California in Berkeley with a degree in Recreation. From 1954 to 1957 he served in the United States Army as a Special Agent in the Counter-intelligence Corps. He then attended San Francisco State Univeristy where he received a Master of Science degree in Recreation Administration. In 1960, Toffoli was employed by the City of Richmond, California as an Administrative Assistant in the Recreation and Parks Department. This position included a number of special adminis- trative responsibilities notably, the preparation of master plans and program designs for the department. By 1963, he was promoted to Superintendent of Recreation and became administrative head of the city Recreation Department consisting of 13 full-time and 175 part-time personnel. He was again promoted in 1967 to the position of Superintendent of Recreation and Arts where he was responsible for 30 full-time and 225 part-time personnel in a highly diversified program. His assignments included the Richmond Art Center, which is a highly professional and sophisticated city art gallery and instructional center. Additionally, he was also responsible for the Richmond Ballet Company and Richmond Symphony Orchestra which was a semi-professional community orchestra. Toffoli assumed the position of Director of Recreation for the City of Concord in 1968. He was specifically employed because of his administative background and because of his extensive experi- ence in the visual and performing arts. His responsibilities included the development of new cultural programs which eventually led to the Concord Summer Festival, an annual outdoor Jazz series, and the Concord Community Arts program, which consisted of in- structional programs and a variety of little theater productions. In 1973, he assumed responsibility for the construction and pro- gramming of the new Concord Performing Arts Center. This facil- ity, an 8,000 seat outdoor theater designed by Frank 0. Gehry, F.A.I.A. and Christopher Jaffe, was built to accommodate a wide range of cultural and musical activities. He served as chief of the City of Concord design team and later as the construction co- ordinator. He now holds the position of General Manager of the Pavilion as well as the Director of Leisure Services for the City of Concord. The first year of operation of the Concord Pavilion proved to be an outstanding success with more than 37 performances ranging from The Grateful Dead through the San Francisco Ballet. The season in Attachment F-21 Team Experience'"Page 15 1976 almost doubled the program content of the opening year with a total 76 performing arts events. Toffoli carries full programming and operational responsibility for the Pavilion and its $4,750,000 annual budget. In his role as Director of Leisure Services Toffoli also carries operational responsibility for other recreational services in the City of Concord. These operations include a golf course, two theatres, art programs, a summer camp at Lake Tahoe and a diverse sports program. The budget for these activities is in excess of $ .5 million dollars. During Toffoli's tenure in Concord, he has successfully bid for the following: the National Swimming Championships, the National Amateur Boxing Championships, USA versus East Germany in Swimming and some dozen more special events. These events lend even greater diversity to Concord's extensive programs. Twice yearly Toffoli meets with the American Festival Managers. Through these meetings he has the opportunity to track new developments in the operation and programming of summer festivals. He also renews his association with his colleagues at festivals such as Blossom, Ravinia, Saratoga Springs, Meadow Brook and Wolftrap. John Toffoli has held a number of other professional positions including three years as instructor in Environmental Planning and Management at the University of California at Davis. He has also served as an instructor in Recreation Administration at San Francisco State University and at Merritt College in Oakland. He has worked in a consulting capacity with Gri f f enhagen-Kroege> , management consultants, and with the International City Managers Association . Attachment F-22 Team ExperiencePage 16 JOHN RYAN, President The John Ryan Company John Ryan was born and educated in Chicago. After spending four years in the Air Force, he studied for two years at Trinity College in San Antonio. He returned to Chicago where he enrolled in a joint degree program at the University of Chicago which resulted in his receiving a Bachelor of Arts degree in 1959 and a Masters of Business Administration in 1960. Upon graduation, Ryan joined IBM as a systems engineer. There he developed and designed information systems for United Airlines and other corporations representing the broad spectrum of American i nd ustry. John Ryan took a four-year leave of absence from IBM to attend the Denver Research Institute at the University of Denver. During this time he engaged in contract research in several diverse fields including: Skiing, Tourism, Economic Development and Energy Development Impacts. Returning to IBM, he became involved in the marketing of data processing systems to large financial institutions in Denver. In 1972, Ryan decided to leave IBM and create his own firm. Since that time he has concluded a vast number of economic studies and market research programs. Most recently, Ryan has completed a major assessment of the demand for more than 20 types of entertainment (Symphony, Grand Opera, Drama, Country, etc.) in the Houston area based on measuring actual attendance during an entire year - as opposed to merely to interviewing a sample of the population. The analysis of this data resulted in recommendations on the sizing of an outdoor pa- vilion which is currently being designed at the new city of The Woodlands, Texas, a development by Mitchell Energy & Development Corporation. Ryan has developed marketing plans for non-profit organizations, including the Eden Theatrical Workshop, a Denver-based group of players in the black community. He is currently consulting with the Town of Vail's Economic Development Commission (EDC) on how to sustain economic growth through seasonal diversification, focusing on the potential for income producing activities such as the performing arts, conferences and meetings, and special events. Ryan has completed a substantial amount of systems design work for collecting and analyzing market information. In interviewing local organizations and conducting focus group interviews Ryan provides the management structure, training, monitoring, and final analysis Attachment F-23 Team Experience'Page 17 necessary to permit the contracting of local firms or individuals for the performance of these tasks. Ryan's systems approach to gathering and analyzing market information is highly efficient and results in reports that are thoroughly documented and highly detailed. John Ryan is very involved in the local Denver Cultural/Entertain- ment/Sports market. In his work, he advocates a regional approach to the management of presentation facilities (stadiums, arenas, theatres, etc.). The aim of this approach is to improve utiliza- tion of facilities, to more closely match events with facility requirements and market demand, and to establish a clearer under- standing of the financial impact of all such events and the com- munity's role in subsidizing them. Ryan's extensive experience is evidenced by his ability to esti- mate 'real1 demand, assess the strength and weaknesses of competi- tion, identify target market segments, compare development costs of alternative sites, foster spin-off developments, and perform general cost-benefit analysis in complex projects. Attachment F-24 Team E x p e r1e n c e Page 18 LUKE M. BANDLE Marketing/Management Consultant Luke Bandle is a marketing and mangement professional with exten- sive experience in the arts. Born in Wewoka , Oklahoma, she was educated at the Diversity of Oklahoma where she earned both a Bachelor and a Master of Arts degree in English. Immeadiately following her graduation from college, Bandle began a teaching career. Over a period of seven years starting in 1950, she taught in three different school systems, concentrating in- struction in vocal music, speech, drama and English. In addition to teaching, Bandle spent three years as an Elementary School Principal and served on state textbook selection committees. In 1957, Bandle joined Kerr-McGee Oil Industries as an Industrial Relations Analyst. There she designed and implemented new person- nel systems, interviewed and screened potential new employees and supervised the administration of employee benefit plans. She also participated in union negotiations. From 1960 to 1968, Bandle worked as a consultant. During this time she acted as a Publications Consultant to Life Insurance Consor- tium of America. She was then sponsored by a group of chemical concerns and food industry trade organizations, as a Consultant for Nutrition and Marketing. In this role, she arranged and mode- rated seminars for personnel from the meat, dairy and fruit/vege- table packing industries. Bandle joined Webster College in 1968 as the Coordinator of Schol- arships and Financial Aid. In this capacity, she administered .a financial aid budget of over $500,000. She was responsible for the preparation and presention of new program and grant proposals to both federal agencies and private foundations, and assisted the Development Office in a $10 million fund-raising campaign. In 1971, the Opera Society of Washington appointed Bandle to the posts of Manager and Director of Public Relations. Her responsi- bilities included all aspects of Financial Management, such as preparation of grant requests to foundations, supervision of all financial and budget data for both regular operations and produc- tions. She also conducted union negotiations with scenery and cos- tume shops, music publishers, singers and other contract employ- ees. As Director of Public Relations, she designed all sales and promotion packages and programs, as well as coordinated press and public relations. She also supervised ticketing operations, such as pricing and subscription series design. Bandle took an active role in artistic affairs, auditioning with the General Director, all singers, dancers and stage management personnel. Wolf Trap Foundation for the Performing Arts tapped Bandle as Director of Communications and Marketing in 1974. In this posi- tion, she was responsible for all earned income of the Foundation as well as all information emanating from the Foundation. Under Attachment F-25 Team Experience~~Page 19 the Marketing umbrella, she designed and implemented marketing policy, including initiation and supervision of direct sales, pub- lic relations activities, concessions design, ticket pricing, sub- scription series design and supervision of a staff of 40 people. Among her other duties, were design and creation of Wolftrap's program magazine and production of the television series IN PERFORMANCE AT WOLF TRAP. Bandle represented the institution at meetings of local and national organizations, assisted in writing grant proposals and produced the Broadway musical SHENANDOAH for for a seven performance run at Wolf Trap. In 1976, Bandle joined Parsons Associates as President and Chief Operating Officer. As President, she administered the budget and directed a staff of 5 full-time employees as well as additional part-time and contract staff. Parsons Associates specialized in public relations; represented artists; developed group sales sys- tems; and planned, coordinated and implemented special event pro- grams. Among the firm's clients were Ringling Brothers & Barnum & Bailey Circus, the Houston Grand Opera and the Houston Pops. Bandle moved to Eugene, Oregon in 1980, when she was appointed Director of Programming and Marketing for the then being con- structed Hult Center for the Performing Arts. During construction she formulated marketing and programming concepts, developed sys- tems for staffing, budgeting and scheduling, and established a corporate image for the Center. After the opening, she booked talent into the Center's 2500 seat Silva Concert Hall and 500 seat Soreng Theatre. Her role extended to selection and contract nego- tiation, budgeting of all shows presented and/or co-presented by the Center, and establishment of pricing policies. Bandle devel- oped and implemented all aspects of the Center's marketing policy and was responsible for scheduling of the various Center spaces. Currently, Bandle is the General Manager of The Cultural Founda- tion in Woodlands Hills, California, a post she assumed in 1984. As General Manager, she oversees financial planning, development, marketing and program concepts, construction and operation of grounds and facilities planned for two separate sites (Arts Park LA and Warner Performing Arts Square). She works with architects; financial feasibility consultants; city, county, state and federal agencies; local arts groups; neighborhood planning organizations and all other groups involved in the planning process. Bandle Is now developing 5 year plans for staffing, operation, booking and management of these two new facilities. Attachment F-26 Page 20 ADMINISTRATION Project Management Jaffe/Howl and AMS will assume the leadership position in this project. In this role, Jaffe/Howland AMS will be responsible for all phases of project management including: Contract negotiation with the client. Contract negotiation with associated firms and contractors. All invoicing to, and collection of payments from the client. Payments to associated firms and contractors. Adherence to agreed upon schedules. Production of reports, summaries and memoranda documenting the progress and results of the work. Fee Proposal ) The study cost is estimated to be: Phase I - $58,000 The amounts indicated above are for fees only, and are based on the project schedule and scope of work as indicated in APPROACH. Reimbursable expenses such as travel, lodging, meals, long-dis- tance telephone, printing and reproduction, computer time, and shipping and mailing, essential to the successful completion of the work, will be billed to the client at cost and in addition to the fees stated above. Fee estimates for Phases II and III will be developed when the scope of work for each can be better defined. Payment Schedule It is requested that the following schedule of fee payments be in- corporated into the contract: 35% at the contract signing 30% at completion of the Market Study 25% at completion of the Economic Impact Study 10% at completion of the Report & Presentation The first payment shall be considered to have been billed at the conclusion of contract negotiation. Subsequent scheduled payments will be billed thirty (30) days in advance of their due date. Attachment F-27 Project AdministrationPage 21 Reimbursable expenses will be billed monthly and are due within thirty (30) days of the date of invoice. All balances not paid within thirty (30) days of the due date will be subject to a 1.5% per month (18% per year) service charge. Additional Services Authorized services beyond the scope of work, as detailed in APPROACH, shall be considered as additional services and billed as such on a time and materials basis. Li tigation In the event of arbitration and/or litigation arising out of breach of contract, the prevailing party in such litigation shall be entitled to recover court costs and such additional sums as the court may determine to be reasonable attorney's fees. Limitation of Liability In the event of any errors, omissions and/or any other liability being determined against the consultant team, the maximum damages recoverable against said team shall be limited to the actual amount paid to the team in connection with the contract. Limitations The market study portion of the work will be performed on a best efforts basis. It must be recognized that all of the information the team intends to collect from various sources may not be made available to the team during the rather short contract performance per iod. Professional Credits Press releases, professional publications and the like shall credit Jaffe/Howland AMS as Arts Management Consultants, The John Ryan Company as Market Research Consultants, Jaffe Acoustics, Inc. as Acoustical Consultants, John Toffoli as Theatre Design and Management Consultant and Luke Bandle as Marketing/Management Consultant . Schedul e The consultant team has outlined schedules of work for Phase 1. The schedules indicate that the work could be completed within 150 Attachment F-28 Project AdministrationPage 22 Equal Employment Opportunity Jaffe/Howland AMS seeks to provide equal opportunity to all qualified employees and applicants for emplr ment, without regard for race, creed, color, sex, age, nationa origin or physical handicaps. This policy is consistent with the requirements of the Equal Employment Opportunity Act of 1964 and is intended to reflect laws and regulations which further delineate corporate responsibility to provide equal employment opportunity. Jaffe/Howland AMS recognizes that to fulfill the objectives of this policy it is necessary to implement it with respect to the full spectrum of employment, recruitment and personnel policymaking. This includes: Advertising and recruiting tools. Hiring, placement, transfer, promotion and demotion. Salary, fringe benefits and other compensation. Performance Appraisal. Layoff and Termination. Ensuring compliance with this policy is the responsibility of the principals. Investigation of violations of this policy will be made by the principals or their designated representatives. Attachment F-29 Parks & Recreation Commission "Green Sheet" February 10, 1986 Interviews for Park Maintenance Worker I were held January 29th. A new Parks Division employee should be on board shortly. Dawn MacDonald has been hired as a part-time Clerk Typist I for the Parks and Recreation Office. Kathy Wilkinson has been hired as the new Clerk Typist I for the Senior Citizen Division. Chris Harmon will return as Lagoon Patrolman this spring. He is currently working part-time processing mail-in boating permits. Rosemary Eshelman, Recreation Supervisor, is on maternity leave. She will be returning to work sometime in May. A provisional appointment for a full time Custodian has been requested by the Building Maintenance Division. Action is pending. A boating permit program is now entered into the City computer system. The program, initiated by Lynn Chase, will aid in the tracking of boaters' liability insurance. "Show Off", the Public Information Center is now featured in the lobby of City Hall. The unit was purchased by the Parks and Recreation Department. It features moving programmable messages and has space for nine color pictures and ample pamphlet storage. By agreement with the Bristol Cove Homeowners Association, the patrol boat is now docked. This will eliminate daily boat transfer and launching problems. Registration for the second session of recreation classes is currently underway. The scheduled starting date is February 24th. The Kruger House Benefit Committee together with the Parks and . Recreation Department is presenting the "Children's Fear" Workshop for parents, children and childcare teachers. The event is scheduled for Thursday, February 27, 1986. Call 438-5576 for further details. A managers meeting for Co-Ed Softball is scheduled for Tuesday, March 4th, 7:00 p.m at Heritage Hall. The Annual North Carlsbad Track Meet, run in conjunction with the Carlsbad Rotary, is scheduled for Saturday, March 15th at the Carlsbad High School. The Annual South Carlsbad Track Meet, run in conjunction with the La Costan Newspaper, is scheduled for Saturday, March 23rd, at Levante Park. Youth/Teen Basketball youngsters are invited to the Mira Costa - Palomar College Basketball game Friday, February 21st. The youngsters will be admitted free when accompanied by their coach. The invitation was extended by Clete Adelman and has been a cooperative effort between the Carlsbad Parks and Recreation Department and Mira Costa College. The Bid opening for Stagecoach Community Park Phase II is scheduled for February 6, 1986, with the Council awarding the contract February 11, 1986. Construction is planned to commence on March 3rd. Due to extensive grading, environmental require- ments and in order to accommodate all the suggested park functions, additional funds may be necessary. City staff is working toward resolving the street problem around Calavera Hills Community Park. It is anticipated that the developer will start constructing the roads by March of 1986. Construction may begin on the park as soon as the roads are completed. The park staff is coordinating the completion of the park section of the Fuerte School/Park Project. It is estimated that the grass will be growing by March and will be open to play by mid-summer. Advance park planning - staff is meeting with the Hunts and Sammis officials concerning a partial turn key park. Staff has prepared the scope of work of the possible location of a Senior Citizen Facility at Harding Street Community Center. R.S.I, has been selected to do the architectural feasibility study. Staff has sent out the Request for Proposals for the Golf Course Feasibility Study.