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HomeMy WebLinkAbout1987-06-15; Parks & Recreation Commission; MinutesMINUTES MEETING OF: DATE OF MEETING: TIME OF MEETING: PLACE OF MEETING: PARKS & RECREATION COMMISSION Gune 15, 1987 5:00 p.m. Stagecoach Park COMMISSIONERS CALL TO OROEP: Chairperson Donovan called the Meeting to order at 5:05 p.m. ROLL CALL; Present - Chairperson Donovan, Commissioners Dahlquist, Lawson, Morrison, Popovich and Regan. Absent - Commissioner Wright. Staff Present: Dave Bradstreet, Director, Parks & Recreation Keith Beverly, Management Analyst Lynn Chase, Recreation Superintendent Doug Duncanson, Parks Superintendent Ken Price, Principal Recreation Supervisor PUBLIC OPEN FORUM; There was no one present for the Open Forum. APPROVAL OF MINUTES; The Minutes of the May 18, 1987, Meeting were approved as presented. Commissioner Lawson wanted it noted the Commission felt the proper place for public input was at Commission meetings, and they were not trying to do anything secretive. Appointed committees have a great deal of work to do in a very short time and need to concentrate on that task without hearing controversial opinions. APPROVAL OF AGENDA; Chairperson Donovan stated the Agenda was approved as presented. APPOINT SCRIBE; Commissioner Dahlquist was appointed Scribe for this meeting. PRESENTATIONS; A. Nleman's and Dooley's Restaurants Chairperson Donovan accepted a check for $500 given to Parks & Recreation by Nieman's and Dooley's Restaurants. B. Mission Distributors/Bud Light There was no one present for this item. Donovan Dahlquist Lawson Morrison Popovich Regan MINUTES Page 2 June 15, 1987 COMMISSIONERS UNFINISHED BUSINESS: A. Scribe Report There was no reply to the Scribe Report sent to Council Members last month. B. Board Sail Agenda Bill Dave Bradstreet reported the attached Agenda Bill will be reviewed by Council June 16, 1987. The Risk Manager and staff are recommending lagoon use be kept as it is at the present time, not having mixed use during the peak months. NEW BUSINESS; A. Proposed 1988 Bond Act Keith Beverly reported this bond act is In the preliminary stages and Just starting to gain momentum. B. Local Facility Zone Plan Phil Carter, Planning Department, distributed material to the Commissioners regarding the requirements for the local facility plan for Zone 5. Staff felt a new fee of 50 cents per square foot of industrial space should be imposed for this zone, inasmuch as there is a need for park facilities for the employees working in that area. The Commissioners questioned receiving this information tonight, rather than previously, In order to have time to study it. Some Commissioners were upset over the procedure and requested staff to insure this does not happen again. Other Commissioners felt staff does a good job getting Information to the Commissioners, and if this information was not available soon enough to get to the Commissioners for study, they were willing to read through the material and give their comments within a week. Dave Bradstreet stated staff would call the Commissioners after a week and ask for their comments. The comments are needed by July 1, 1987, to relay to the Planning Commission. Mr. Carter apologized to the Commission for bringing this item to them without previous knowledge, but the Zone Plan had to progress rapidly through staff to the Commissions. The Commission requested information be in their hands at least 2* hours before a meeting, if they are to discuss an item and ask questions in an intelligent manner. MINUTES Page 3 3une 15, 1987 COMMISSIONERS C. Recreational Use of Cadencla Park Dave Bradstreet reported this acreage was dedicated to the City as open space/recreational use, and was a canyon area. The developer fiiled in the area with decomposed granite and then put in top soil. In 1980 or 1981, the southern section of the City came to the Commission requesting additional hallfields, and Cadencia was one of the areas considered. The Commission approved the use of Cadencia Park, and some of the homeowners asked the park not be for active play. The appeal of the residents was denied, but the park was limited to a facility for children 12 years and under. Again, the residents complained about the noise, etc., and both sides met together. An agreement was made to schedule Cadencia for practice only and not scheduled games. The key was Fuerte Park, and when it was built, Cadencia would not be needed for active use. In December of 1984, the City was to stop scheduling Cadencia Park for league use. User groups then started scheduling girls' T-ball games on that field and the phone calls from neighbors resumed. Staff felt the development was legal, and there was an agreement with the users, Commission, City Council and homeowners. It was felt the agreement had been breached. If the user groups felt they needed to use that Park, the matter should have been brought before this Commission. Dave Bradstreet stated he had the backstops taken down, as the park is for passive use and practice only. Richard Martin, President, La Costa Youth Organization, told of the need for fields and and waiting list for children wanting to play on teams. He explained the girls 5 to 8 years old play on Cadencia and can hardly hit out of the infield. He asked the Commission to consider there are not adequate facilities available for the children, and to allow the use of Cadencia Park until other facilities are available. Glrard Anear, 1728 Calavo Court, stated the area where Cadencia Park is now, was just a dumping ground and a fire hazard. He stated he was one of the proponents for making this into a park. The children need a safe place to play and he stated his concern with the removal of the backstops and the stoppage of active play. There is no traffic problem in that area and the park has very small exposure to the houses. Mr. Anear urged the Commission to make Cadencia an active park and keep it that way. He felt the maintenance costs were too high to maintain this as a green spot. MINUTES Page Oune 15, 1987 COMMISSIONERS John Speer, 201 Cima Court, Carlsbad Athletic Association, spoke about the programs for CARA and stated he would like to see the continued use of this field. He stated there are never enough ballfields in Carlsbad, and recommended the continued use of Cadencia Park and develop other areas as quickly as possible. 3ohn Mitchell, La Costa resident, spoke in favor of the use of Cadencia Park, stating in the East, they never give in to the neighbors when it comes to providing parks, and he could not understand curtailing the use of this park because of complaints. 3an Husenta, 2132 - 14th Street, Encinitas, spoke as a parent, and stated this field is needed for the small children, who pose no threat to the neighbors. She stated it was unfair to allow a small group to dictate the use of this area. Andy Anderson, 7251 Carpa Court, stated there are 40 homeowners in the vicinity of Cadencia Park, and did not feel they were a handful of people who didn't like children trying to dictate policy. Mr. Anderson stated they are parents and grandparents, but felt this area was to be open space and/or recreational use, and playing fields were to be excluded. Mr. Anderson stated there is a safety problem with using this field, as parents park cars on both sides of a major street. The noise level is another problem with the use of that field for league play. The noise is not from the eight-year olds, but from the parents. The surrounding residents cannot use their backyards or patios because of the noise level. The residents had thought the problem was solved, but it obviously is not. The residents have been accused of wanting their own private park, but that is not true. The land was accepted by the City for open space and the residents request Cadencia Park not be used for league play. Commissioner Regan commented the complaints in 1984 were because of soccer and not because of Softball. She added there was not anywhere near the amount of noise this year from the small girls playing T-ball. Query from the Commission determined the league play is over for this year. The residents feel the play there this spring was in violation of the agreement, and they do not want this to continue in the future. MINUTES Page 5 3une 15, 1987 COMMISSIONERS George Devereaux, 3202 Fosca Street, spoke in favor of using Cadencia Park, stating it was the only place his young child could walk to safely. He stated it would require carpooling to get the youngsters to Stagecoach Park, and his children might be left out. On the weekends, this park is not in use, with only the small children using the park at the present time. Ron Piazza, 7772 Rocio Street, stated there were no patios bordering Cadenia Park, and the children using that park are small, and he could not understand how those children could disturb the neighbors to the extent they are stating. Cheryl Martin, 3015 Pueblo, commented about the traffic, stating there is the same type of traffic by the canyon area off of Levante, and she could not understand why this created such a problem for the people near Cadencia. Dennis McDonogh addressed the Commission, stating the children were on that field less than 100 hours during the season, which was certainly not an excessive amount of time. Susan Hartley, 333* Cabo Way, asked for a show of hands of people present who were in favor of re- opening Cadencia Park, and this was a majority of the people in attendance at the meeting. Fred Ellmendorf, 7121 Manzanita, said there should be a positive statement for their children. Scott Pieratt, 7201 Manzanita, invited the Commissioners to come to the games and see the problems. He stated the park belongs to the people of Carlsbad. Commissioner Dahlquist stated this is not a new issue, and it is a matter of numbers. It is important for the City to have signs indicating a park and whether is is active or passive. Dave Bradstreet stated this was not a code issue. He cannot order anyone off of the fields because they are playing league activity. This is a policy matter, and in this case, Cadencia Park was to be used for league play only until that certain league finished. The Commission had stated this area was not to be used for league play after December 15, 1984. Mr. Bradstreet suggested staff investigate accommodating additional fields during the time of league play. There are portable backstops that can be used to allow two games to be played at the same time. He would ask for time to try to work out some solution. There is no place for parking at this field and no sanitary facilities. MINUTES Page 6 3une 15, 1987 COMMISSIONERS There are City standards to be met, and there is to be one fieid for every 4,000 population. At the present time there is a shortage of one field in the southeast quadrant. There are fields that could be divided to allow for two or more games to be played at the same time. Mr. Bradstreet stated the City has a good policy, and he would request time to Investigate this matter further to work out re-scheduling, if necessary. Commissioner Regan stated Cadenia was a good field for the very small girls, as it was small and the parents were close to the children, giving them a sense of security. She felt it was a good pick-up field and should be used for practice—but not for scheduled games. The negatives are: no washrooms, no off-street parking and close neighbors. However, the girls are happier in a small field. Commissioner Regan stated her concern about the money spent for maintenance at Cadencia, especially since it is hardly utilized. She suggested the Park Site Committee look into the field and what the best uses would be. If the area can't be utilized, then it should be sold and the money put back into multi-purpose fields. Ken Price stated Parks 4 Recreation had not scheduled games into Cadencia Park, and it was too small for adult practice. Since there is nothing scheduled or in progress at the present time, there is no urgency for a decision. Commissioner Morrison felt the children need a place, and the noise is a problem for everyone. She would like to see that park used, and recommended it be designated for small children only. She did not want to put off the people who had come here tonight to give their input. Commissioner Lawson stated he did not feel the Commission was putting those people off, and did appreciate their input. He felt the Commission wanted to make the correct decision. Commissioner Dahlquist stated the Park Site Committee should study this problem. The Committee will consist of Commissioners Lawson, Regan and Oahlquist, with a decision by the Duly meeting. Parks 4 Recreation Commission referred the use of Cadencia Park to the Park Site Committee, to be studied and discussed with staff, the homeowners and the users, and brought back to the 3uly meeting as an action item. Dave Bradstreet reiterated the Commission's policy is there is to be no league play at Cadencia Park. Donovan Dahlquist Lawson Morrison Popovich Regan MINUTES Page 7 3une 15, 1987 COMMISSIONERS Judy Piazza, 7772 Rocio Street, addressed the Commission, stating if the neighbors want to own Cadencia Park, she suggested the City sell it to them and let them maintain it. Staff Indicated other activities can take place there, but there can be no scheduled league play. It is possible to picnic there or have organized play, as lona as it is presented by other than City staff. Commissioner Morrison stated if this park is being used by a lot of people, that would be "use". There should be swings there for the children, a drinking fountain and facilities. Oessie Hinrichs, 7127 Babilonia Street, stated this has been an issue for a long time and should have been resolved. Philip Kahn, 3206 Azahar Place, stated they were made award of this meeting two weeks ago at the Youth Association meeting. Now it will be another month for a study to be made. He said he was frustrated at the lack of a decision, and asked whether the 1984 agreement was just a crutch to deprive his children playing on that field, or was it legitimate, aware of this meeting. Now it will be another month for a study to be made. He stated he was frustrated by the lack of a decision, and asked whether the 1984 agreement was a crutch to deprive his children playing on that field or was it legitimate. George Debber stated Cadencia should be a park for the neighborhood, if not a practice field. It needs swings, barbecues, benches, etc. The request was made for the backstop to be replaced by Parks 4 Recreation. Mr. Bradstreet stated he would have it re-installed, but it was to be for practice use only. Parks 4 Recreation Commission requested staff re- install the backstop at the Cadencia Park field on a temporary basis until there is a final determination made by the Commission at the Duly meeting. Commissioner Morrison opposed the motion due to the timing. She did not feel this should be done prior to the decision at the 3uly meeting. COMMITTEE REPORTS; Commissioner Dahlquist reported she had attended a community concert at Magee Park. She recommended Magee House be opened for the public. ADDITIONAL BUSINESS; Keith Beverly announced he had received the North Beach Planning/Traffic Study, which Includes the area between Agua Hedionda Lagoon and Buena Vista Lagoon, 1-5 and the Ocean, with a Special Treatment Area from the railroad tracks to the Ocean. He stated he had put together an executive summary for the Commissioners to read. Donovan Dahlquist Lawson Morrison Popovich Regan MINUTES Page S 3une 15, 1987 COMMISSIONERS Commissioner Lawson commented that on each gathering of the sub-committees it should be evaluated whether it is necessary to have public information input. He felt in the Cadencia situation, it would be beneficial to have public input. There should be representatives from the youth organizations and the homeowners. The representatives from the various groups were invited to meet with the sub-committee on the Cadencia Park issue. Mr. Bradstreet stated the matter of the backstop needs to be addressed specifically at the Duly meeting. Chairperson Donovan announced Commissioner Regan will be the new PTA President at Levante and has submitted her resignation from this Commission. She stated a cake has been brought to the meeting tonight, to be enjoyed by those in attendance following the meeting. Scott Wright's name also appears on the cake, as he will be leaving theCommission. ADJOURNMENT; By proper motion, the meeting of 3une 15, 1987, was adjourned at 7:45 p.m. Respectfully submitted, Harriett Babbitt Minutes Clerk PARK DISTRICT ZONE 5 ZONE 5 LOCAL FACILITIES MANAGEMENT PLAN JANUARY 1C ATTACHMENT B PARK: MAG MAC ARIO CAYNONu v -w. PARK COMMUNITY PARKS Q EXISTING • FUTURE * SPECIAL USE AREA ZONE 5 JANUARY 1 LOCAL FACILITIES MANAGEMENT PLAN LOCAL FACILITIES MANAGEMENT PLAN-Zone 5 PARKS ZONE 5 SUMMARY SHEET BUILDOUT PROJECTION EXtflffSNG APPROVED FUTURE DEMAND * Oz CO z(^ #* »* Si/PPL V * ** ** w/vtflnovo) * ** ** MITIGATION * ** ** FUN DIN * ** »* # * Based on the existing performance standard. No park acreage is required for this non-residential zone. Staff is proposing a park-in-lieu fee be implemented for all non- residential development in Zone 5 at $.50 per square foot of development. -55- PARKS I.PERFORMANCE STANDARD Three acres of Community Park or Special Use Area per 1,000 population within a Park District, must be scheduled for construction within a five year period. Special Considerations Zone 5 does not include any residential uses, but is instead composed exclusively of non-residential uses. The Growth Management Program does not identify a Parks performance standard for non-residential uses. Currently, non-residential uses are required to pay Public Facilities Fees. A percentage of all Public Facilities Fees collected are allocated for the construction and improvements to City parks. Non-residential uses are however, not required to pay Park-In-Lieu fees, which have historically been utilized for the purchase of park land. Zone 5 is located within Park Districts 1-3. At full buildout of Zone 5, there will be approximately 22,000,000 square feet of non-residential building area. This structural square footage corresponds to a potential average workday population within the Zone of at least 40,000 people. In view of this potential number of people being located within Zone 5 on a daily basis, the Director of Parks and Recreation believes there is a need for park facilities within Zone 5 (see Appendix 9). These park facilities should include active recreational facilities. In accordance, staff recommends that a Parks performance standard be adopted for non-residential uses within Zone 5. Listed and discussed below are four alternative Parks performance standards which may be applied to non-residential uses within Zone 5. A staff recommendation for a preferred parks performance standard will follow. 1. Park-In-Lieu fees shall be required to be paid for all non-residential development. This fee shall be established at a rate of $.50 per square foot of non- residential building area, and shall be utilized for the purchase of park land within Zone 5. The fee shall apply to all projects or properties that do not as yet have buildinq permits. Implementation of this fee will result in the potential allocation of approximately $8,969,845 for the purchase of park facilities. Construction of the park(s) will remain dependent upon the allocation of Public Facilities These new funds will be earmarked for their specific use will be determined when and Recreation Element is revised. The currently being updated. -56- Fee funds Zone 5 and the Parks element is Non-residential uses in Zone 5 shall be required to pay a special parks fee to be utilized to initiate development of Macario Canyon Park, which is located immediately north of and adjacent to Zone 5. The rate of this fee shall be $.50 per square foot of non-residential building area and shall apply to all projects or properties that do not as yet have building permits. This fee will result in a similar allocation of funds as the first alternative does. Require that four separate areas (active recreational parks) each totaling 3 acres in area, be developed within Zone 5. The first active recreational park shall be required to be constructed within one year of approval of this Zone Plan (in 1998). The second, third and fourth active recreational parks shall be required to be constructed by 1993, 2002 and 2013, respectively. This phasing of park facilities would ensure that a 3 acre park is available for approximately every 5,500,000 structural square feet of non-residential development within Zone 5. With this alternative, the property owners/developers within the Zone would be responsible for allocatinq property for and fully developing the parks. The specific location of each park site would be closely associated with the major ongoing and anticipated concentrations of development within the Zone. This alternative entails a hybrid of alternatives 1, 2 and 3, whereby, the property owners/developers within Zone 5 shall be required to; (1) pay a park fee at a rate of $.50 per sq. ft. of non-residential building area and (2) create four separate areas (active recreation parks) within Zone 5 which shall be operated as active parks until Macario Canyon Park is open for active recreational uses. The park fee shall apply to all projects or properties that do not as yet have building permits. Similar to alternative 3, each temporary active recreation park shall be required to be 3 acres in area and shall be located relative to concentrations of development within the Zone. At the time that Macario Canyon Park is open for active recreational uses, the four Zone 5 temporary park sites may be phased out and developed with industrial uses. The separate park fees that are collected may be allocated for either the purchase of parks within Zone 5 or the fee may be used to improve Macario Canyon Park. -57- Staff is recommending as part of this Zone Plan, that alternative No. 1 be adopted as a Performance Standard for non-residentia1 development in Zone 5. This alternative provides the greatest amount of flexibility, yet still assures that park facilities will be provided in a timely manner. Special Conditions Staff is recommending that a park-in-lieu fee of $.50 per square foot of non-residential be collected at the time of building permit issuance, to be used for park facilities within Zone 5. -58- TO: PARKS AND RECREATION COMMISSION FROM: SITE FACILITY PLANNING COMMITTEE CADENCIA PARK On Thursday, June 25, 1987 the Site Facility Planning Committee met with staff, a representative from the area homeowners and the La Costa Youth Association past president. After discussion of everyone's concerns an agreement was reached by all parties that resolved the Cadencia Park use issue. This agreement was sent to all the committee members for review and comments. The following is the agreement with those comments incorporated in the text. Agreement (Changes Incorporated) The Parks and Recreation Commission Site Facility Planning Committee recommends the Commission adopt the following: The Cadencia Special Use area shall be utilized for general recreation purposes to include a picnic area, tot lot and a turfed softball field. When no other adequate softball fields are available in the Southeast quadrant, the Parks and Recreation staff is authorized to grant approval, upon appropriate request, to schedule only youth softball league games on a case by case basis, Saturdays from 10:00 a.m. to 1:00 p.m. only. League games will be limited to any Boys T-ball and Girl's Pee Wee softball nine (9) years and younger. Staff is directed to incorporate the park improvements in a timely manner, utilizing funds from the 1987-88 Parks and Recreation operating budget. DB:pa ATTACHMENT C AGREEMENT FOR MAINTENANCE AND USE OF LEVANTE SCHOOL SITE BETWEEN THE CITY OF CARLSBAD AND ENCINITAS UNION SCHOOL DISTRICT THIS AGREEMENT is made and entered into this 25th day of June , 1987, by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as the "City," and the Encinitas Union School District, San Diego County, State of California, hereinafter referred to as the "District." WITNESSETH: WHEREAS, in order to promote and provide for the health and general welfare of the people of Carlsbad, and to cultivate the development of good citizenship by an adequate program of community recreation, the parties hereto desire to enter into a agreement for a community recreation program on the Levante school site, La Costa Heights School, within the City; and WHEREAS, the City has heretofore created and established a Park and Recreation Commission and has developed and established a part program and desires to employ persons qualified to supervise, direct, and conduct a recreation program for the City of Carlsbad; and WHEREAS, the operation of a community recreation program on a school district site or with school district facilities, through the City Park and Recreation Department, when facilities are not in use by the District, will promote the health and welfare of the community and will contribute to the ATTACHMENT D -2- attainment of the general recreation objectives for children and adults within the community; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7, Division 1, Title 1 of the Education Code of the State of California to organize, promote, and conduct a program of community recreation and to operate a community recreation center within and without their territorial limits; and WHEREAS, it is also provided by said Chapter 10 of Part 7, Division 1, Title 1 of the Education Code that the foregoing entities may cooperate with each other to carry out these purposes, and to that end may enter into agreements with each other and may do all things necessary or convenient to aid and cooperate in carrying out such purposes; and WHEREAS, the District owns the Levante school site, developed as the La Costa Heights Elementary School, but desires the City shall have use of said site for community recreational purposes and for location of a city-owned recreation building; NOW, THEREFORE, THE CITY AND THE DISTRICT agree to the following: 1. The District shall provide at no cost to the City for use of the landscaped play fields, rest room facilities, building all playground equipment and a site for a city-owned relocatable building located on the Levante school site, La Costa Heights Elementary School, Parcel No. 24, Lot No. 250, as shown on San Diego County Assessor's Map No. 7457. 2. The City of Carlsbad, through its Park and Recreation Commission and Park and Recreation Department, agrees to conduct, maintain, and operate on said site and on such facilities, equipment as may be made available by the District and the City a program of -3- supervised recreation and the City agrees to supply all necessary supervision leadership, planning, and personnel for the maintenance and operation of said program. 3. The City shall at all times be responsible for the planning and operation of the recreation program, as well as for the acts of its employees, or any event, thing, accident or occurrence that should occur during the operation of said program and which is within the scope of control of said City or its employees. 4. The recreation program shall be under the jurisdiction and control of the Parks and Recreation Commission of the City. Said program shall consist of activities and at that level as determined by the City Council or its authorized representative. For the purpose of coordinating the activities herein contemplated, the City hereby appoints its Parks and Recreation Director as the representative of the City and the City's Park and Recreation Commission, who shall be the responsible manager of the recreation program, and shall coordinate all aspects of this program with the District, its governing Board, and the Park and Recreation Commission of the City. 5. The City-owned relocatable building will be placed, used, and maintained at no cost to the District and the City will remove or bring the building to the State Department of Architecture standards at no cost to the district when a school is placed on the site. 6. City shall be allowed to retain the District park site for City- owned relocatable recreation building for the duration of this agreement. 7. The School District shall have the priority of use of the site, building, or any part thereof, during regular school hours (8:00 AM to 3:00 -4- PM) on such days that the La Costa Heiqhts School is in session. The City shall have priority of use of the site, building, or any part thereof, during non-school (La Costa Heiqhts) hours, (3:30 P.M to 11:00 PM on school days.) However, the City shall be given written notification two weeks in advance of any intended use of the building by the School District. The responsibility of scheduling of the building, for community department use, shall lie with the City as per Council policy. 8. All persons employed in the performance of services and functions for said City shall be deemed City employees and no City employee as such shall be considered as an employee of the District or under the jurisdiction of the District, nor shall such City employees have any District pension, civil service, or other status or like while an employee of the City. Said District shall not be called upon to assume any liability for the direct payment of any salary, wage, or other compensation to any City personnel performing services hereunder for said City, or any liability other than that provided for in this agreement. Said City shall not be liable for compensation or indemnity to any District employee for injury or sickness or wages arising out of this employment with said District. 9. It is further covenanted and agreed, except as otherwise provided, neither party shall be responsible to the other party for the cost of this program. The City covenants and agrees to be responsible and to pay all charges that it should incur in respect to the operation of this recreation program, including the cost of service of its employees as well as incidental costs in connection therewith. The District covenants and agrees to pay all costs of its employees necessary in connection with this program and said District further covenants and agrees that no rental change fee will be imposed on the City in respect to the operation of this program. -5- 10. The recreation program conducted by the City shall be open to participation by all students residing in the District and residents of Carlsbad, but such participation shall be subject to any rules and y regulations adopted by the Park and Recreation Department of the City. 11. The City shall maintain the landscape areas, other than those immediately around the school building and parking lot by mowing, fertilizing, and edging the grass; maintaining the installed irrigation system; applying necessary chemicals; and cleaning and stocking the rest room facilities at the expense of the City. 12. The District shall be responsible for all repairs necessary to maintain the rest room and storage facilities and all playground equipment in a safe and usable manner. The District shall make such repairs within a reasonable time after being requested by the City. 13. No alterations, improvements or additions shall be made by City without prior written approval of the District. Any and all alterations, improvements or additions shall be made and performed in a good workmanlike manner and in accordance with all statues, ordinances, and regulations applicable thereto. 14. The District shall provide and pay for all water and sewage utilities necessary to maintain and operate the grounds and rest rooms and storage facilities. 15. The City shall provide and pay for all electrical utilities necessary to maintain and operate the grounds and rest room and storage facilities and recreation building. 16. City and District, at their respective expense, shall comply with and observe and secure compliance and observation with all the requirements >£ the Carlsbad Municipal Code and all Municipal, County, State, and Federal -6- ordinances, codes, statutes, and reaulations now in force or which may hereafter be enforced applicable to the arounds, rest room, and storaae facilities and equipment. 17. Insofar as it is legally authorized, District shall hold free and harmless the City, members of the City Council, boards or commissions, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of any defective or dangerous condition or any ground, site, building, eauipment, play areas, recreation facilities or other improvement located on the premises owned or maintained by the District or participation in any activity carried out or sponsored by the District under Paragraph 7 hereof. Insofar as it is legally authorized, City shall hold free and harmless the District, members of the governing board, its employees, officers and agents, while acting as such, from all claims, loss damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of operation of the community recreational program upon said premises and, further, the City shall be responsible for any and all damages to school property caused as a direct result of any recreational activity being conducted on said premises by the City. 18. The City further covenants and agrees during the term of this agreement, to maintain liability insurance, insuring said City, as well as said District, its officers and responsible employees, from any liability that might arise because of negligence, nealigent act, or omission on the art of any City Officer or employee during the course of, arising out of, -7- the performance of this agreement 19. Except as hereinafter provided, this agreement shall terminate on the 31st day of December 1995, and will be automatically renewed on a year to year basis until such time as the City or District notifies the other party that a termination is desired as hereinafter provided. 20. Subject to the provisions of Paragraph 6 hereof, this agreement may be terminated at any time by either party hereto upon sixty days written notice. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. ATTEST:CITY OF CARLSBAD, A Municipal Corporation of the State of California Lee Rautenkrantz City Clerk Claude A. Lewis Mavor ATTEST:ENCINITAS UNION SCHOOL DISTRICT WILLIAM CARLI Clerk, Board of Trustees DONAElf E. LINDSTRC Superintendent and Secretary, Board of Trustees APPROVED AS TO FORM:APPROVED AS TO FORM: /INCENT F. BIONDO City Attorney SCHOOL DISTRICT COUNSEL MfG&^J^Carlsbad Unified School District BO1 Pine Avenue, Carlsbad, California 92OO8 729-9291 /'Excellence In Education" July 13, 1987 RECEIVED J Dave Bradstreet Parks & Recreation Dept. 1200 Elm Ave Carlsbad, CA 92008 Dear Dave, This past Friday, July 10, 1987, I met with Keith Beverly and Ken Price to discuss the Hope Elementary Field Usage Agreement. In order to clarify the direction in which I'm going, I felt the need to correspond with you. The direction the Board of Education has set, in regards to the Hope Elementary School usage, is that the District maintain Hope field and the City maintain Buena Vista and the upper Valley field. If you are in agreement with this, we should move ahead with the scheduling. The Hope School field will not be ready for use until Sept. 1, 1987. If there is work that needs to be done prior to that such as backstops, soccer goals etc: you can have access by notifying us. My study is more entailed than just the usage, it covers the entire Grounds Department. I'm looking at equipment replacement programs, staff- ing effectivness etc. The bottom line is I'm evaluating all activities not just the part which involves the City. With the information that I've layed out I hope you can see my motives. As the survey and the study comes together I would be happy to share with you the parts that have an effect on our working relationship. If you should have any questions, please give me a call. Sincerely, ATTACHMENT E cc: John Blair far Meeting - 6 -June 10, 19S7 as moved by Trustee Johnson and seconded by Trustee McConnick '(for discussion purposes) to approve the contract with the County Office of Education for Outdoor Education Program 1987-88 (6th Grade Cam,.). The motion and second were withdrawn in lieu of the request that the contract be reviewed by the Program Budget Review Cornnittee. It was moved by Trustee Angel, seconded by Trustee Switzer and carried unanimously to postpone action on the Outdoor Education Program con- tract until after receipt of the Program Budget Review Committee report with recommendations on June 20, 1987. It was moved by Trustee Angel, seconded by Trustee Johnson and carried unanimously to accept with appreciation the following donations to the district: 1. A grant in the amount of $2,000 for arts training for Hope School from the Carlsbad City Cultural Arts Commission. 2. Funds up to $500 toward an Apple lie computer for Hope School from the La Jolla Bank, Carlsbad Branch. 3. The original Calavera School flagpole for Hope School from Assemblyman Fcazee. 4. Funds in the amount of $500 for the Hope School Parents Association from the Buena Vista Parents Association. 5. Funds in the amount of S500 for the Hope School Parents "~ Association from the Kelly Parents Association. 6. A home-made wooden block set for Hope School kindergarten from Mr. Mike McDermed. 7. Pride Day at Carlsbad High School: a. 65 trees and shrubs from Evergreen Nursery. b. painters' hats for participating students from Frazee Paints. c. painting supplies from Koopsen Paints. d. miscellaneous materials from Bill Dunmeyer. 8. Funds in the amount of $150 for consultant to install and assist with computer bulletin board for Pine School from the Pine School PTA. < 9. Funds in the amount of 5100 for Valley Junior High School {library reference books from the Valley Junior High PTA. 6th Grade Car SCHOOL PLANTS It was moved by Trustee McConnick, seconded by Trustee Angel and carried unanimously to approve in concept the City Parks and Recreation Depart- ment's submission of site improvements to certain district schools to be included in an application for funds under the 1986 Park Bond Act at no cost to the district. Jt was moved by Trustee McCormick, seconded by Trustee Angel and carried ~nanimously to approve inclusion of the Hope School (with a safeguard .or new grass) in the agreement with the City Parks and Recreation De- partment for scheduled recreational activities and with an amendment to the traci off that the City maintain on a yearly basis the lower Buena Vista field and the upper Valley field area. Gifts .9* SItelmprovemen City Pks & Rec Hope School Agreement, Cit Parc.s £ Rec. CHANGE ENOORSEMEN1 THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW: MP 12 01 td 32 79 1 ENDORSEMENT EFFECTIVE DATE ! 12-17-83 POLICY NUMBER 59 SM 801514 FCA-V TERM 1 YRS FROM 9-7-83 TO J9-7-841 COMPANY AETNA C g S CO. INSURED'S NAME AND MAILING CARLSBAD SCHOOLS ADDRESS , INC. AUTHORIZED REPRESENTATIVE'S NAME INSURAh PRODUCER CODE 4447 POLICY CHANGES IT IS HEREBY AGREED TO ADD CITY OF CARLSBAD AS ADDITIONAL INSURED PER ATTACHED GL 2011 SPECIFY FORM NOS. AND EDITION DATES AFFECTED BY POLICY CHANGES: SECTION I—PROPERTY COVERAGE Coverage Description Loc. No. Bldg. No. LIMITS OF LIABILITY Previous $ $ J $ New $ $ J J RATES Previous New PREMIUMS Previous $ J J $ New ; $ J J J Z Add'l 1 Return $ J J S SECTION II—LIABILITY COVERAGE COVERAGE SMP Liability Insurance Form: Bodily Injury and Property Damage Liability (Combined Single Limit) Premises Medical Payments SMP Liability Insurance Form ^2 Medical Payments Coverage Part [j Forms other than SMP Liability Insurance Form Specify Coverage Part r] Revised Dual Limits: LIMITS OF LIABILITY Previous $1'00eMftftnce $1'°°°4Pe?ate $ ea. Person $ ea. Accident BODILY INJ $ ea. Occurrence I Aggregate PROPERTY OAK J ea. Occurrence $ Aggregate New 'l/OQlfeMftce 'l'<X>°Ag$r9g9te I ea. Person $ea. Accident JRY LIABILITY $ea. Occurrence $Aggregate IAGE LIABILITY $ea. Occurrence $ Aggregate PREMIUMS Previous $ <+38 $ $ $ New J 463 $ S $ n, Add'l _ Return J 25 S $ $ APR. 2 3 1984 INSTALLMENT PAYMENT PREMIUMS Dates of subsequent installments, if payable in annual installments: PREMIUM DUE AT EFFECTIVE DATE Total for remainder of policy term: 2. 3. Previous Installments $ J OF ENDORSEMENT: io_i7 OTJ-x X / O J li/1 •» /Of. r\ /• Additional Premium J $ $ ., * Return Premium J S $ I Revised Installments $ S -3- MP 12 01 (Ed. 02 79)-Agency, By_ GL 20 1 1 , Ed. 0766'. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein (The followinf information is required only when this endorsement is issued subsequent to preparation of policy ) Endorsement effective Policy No Endorsement No Named Insured Additional Premium I Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following; COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE SMP LIABILITY INSURANCE STOREKEEPERS INSURANCE ADDITIONAL INSURED (Premises Leased to the Named Insured) It is agreed that the "Persons Insured" provision is amended to include as an insured the person or organization designated below, but only-with respect to liability arising out of the ownership, maintenance or use of that part of the premises designated below leased to the named insured, and subject to the following additional exclusions: The insurance does not apply: 1. to any occurrence which takes place after the named insured ceases to be a tenant in said premises: 2. to structural alterations, new construction or demolition operations performed by or on behalf of the person or organization designated below. SCHEDULE Destination of Premises (Part Leased to Named Insured) 7<*0 PINE AVE. CARLSBAD, CA 92008 Name of Person or Orfanization (Additional Insured) OF Annual Premiums Bodily Property Injury Dama|e Liability Liability INCL INCL 92008 APR 2 3 1984 GL 20 11 07 66 JOINT USE AND COMMUNITY RECREATION AGREEMENT BETWEEN CARLSBAD UNIFIED SCHOOL DISTRICT AND CITY OF CARLSBAD THIS AGREEMENT, made and entered into this ^gfc- day of J^ ,;si*i**"7 by and between the City of Carlsbad, a municipal corporation, hereinafter called "city" and the « Carlsbad Unified School District, State of California, hereinafter called "District". WITNESSETH WHEREAS, the governing bodies of the City and the District are mutually interested in an adequate program of community recreation under the auspices of the City Parks and Recreation Department; and in cooperation with the District; and WHEREAS, cities and school districts are authorized by Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code of the State of California (sections 10900 et. sec.) to organize, t promote, and conduct a community recreation program and activities within or without their territorial limits; and WHEREAS, said governing bodies are authorized to enter into agreements with each other, to.promote the health and general welfare of the community and contribute to the attainment of the general recreation objectives for children and adults within the community; and WHEREAS, the City has established a Parks and Recreation Department responsible for carrying out the purposes of community recreation; and WHEREAS, in the interest of providing the best service with the least possible expenditure of public funds, cooperation between the City and the District is necessary; NOW, THEREFORE, the City and District agree as follows: 1. The District will make available to the City any school buildings, grounds, playgrounds, and multiuse athletic areas• ("school facilities") for the purpose of conducting a diversified community recreational program. 2. The use of school facilities shall be in accordance with the regular procedures of the District in granting requests for use of school facilities as specified by Chapter 10 of Part 7 of Division 1, Title 1 of the Education Code for the State of California and the policies, rules and regulations of the Governing Board. 3. The recreation program conducted by the City on school facilities shall be open on equal terms to all persons residing within the boundaries of the District and City, but such partici- pation shall be subject to rules and regulations adopted by the City Council and the School District. I 4. A schedule of dates for the use of the District facilities will be worked out in advance by the City in agreement with the District and that this schedule will be arranged as to '- 2 - avoid conflict between school and recreation use; that in the scheduling of said facilities, school events and programs shall have first priority and recreation programs, established by the Parks and Recreation Department, shall have second priority, and any other events by other groups or agencies shall have third priority. 5. In the event of any dispute or difference arising as a result of the recreation program being conducted on City facilities, on the sites jointly used, or as to the use of a « District facility, then, in that event, said dispute or difference shall be settled and arbitrated by appealing to the City Manager and Superintendent of the District, in accordance\ with established policies and procedures of the District and City. 6. The Parks and Recreation Department will provide or cause to be provided all expendable materials, i.e. bats, balls, etc., necessary for carrying on its recreation program for all ages that will be conducted on the facilities. 7. The City may install and maintain sprinkler systems, turf, playground/equipment, fencing and additional recreational equipment not in conflict with school use, on school property in areas selected by the City Manager, subject to the prior approval by the Superintendent of Schools. Any installations of equipment or constuction of facilities, for community recreation purposes, shall be at the City's costs and meet standards established in the California Education and Administrative Code. - 3 - 8. All structures constructed on the site and all personal property placed or installed thereon by City and owned by City (the "Improvements"), shall remain the property of City. At the termination of the agreement, City may remove the improvement, unless District indicates its election within thirty days after such notice of termination, to acquire the Improvements, in which case title thereto shall vest in District without the necessity of formal documentation of transfer. In the event that the City removes its improvements, any damage caused by such removal shall be immediately repaired by the City, and the premises restored to the condition in which they - existed prior to the installation of such improvements. Any improvements not removed by the City within 60 days shall become the property of the District. If District exercises its right to acquire the Improvements, District shall reimburse City for the Improvements in an amount equal to the fair market value of the Improvements. Fair market value, as used herein, means a price not to exceed the sum paid by the City for such Improvements, less an amount for use, wear and tear. The expense * of such appraisal shall be borne equally by both parties. In the event the parties shall not agree upon said appraiser, the v presiding judge of the Superior Court for the State of California, County of San Diego shall appoint the appraiser. - 4 - 9. It is further agreed that plans and specifications for the placement of all equipment, facilities and permanent improvements upon school property and the type, design and construction thereof, shall have the prior approval of the Superintendent of Schools prior to any installation thereof. 10. The District and the City agree to use and maintain the following specific school grounds and facilities: A. City has the option to schedule use of school grounds, excluding the Carlsbad High School, for community " « -r -••!•— —.__.. recreation, provided the City pays 50 percent of the cost of renovation of turfed areas used by City. B. City will maintain portions of the following' school properties: Magnolia 4.6 acres Jefferson 2.7 acres Pine Ball Field 2.0 acres Pine Soccer Field 1.0 acres Total 10.3 acres C. District will maintain the following school * properties: Valley Junior High 7.5 acres • Kelly 2.8 acres 1 \ To-tal -10.3 acres - D. District and City will share maintenance of 2.3 acres at Buena Vista, each being responsible for six months of any one year. - 5 - E. City will schedule the after-school, weekend, holiday and summer use of all school grounds except the high school. F. The District will maintain and schedule the high school grounds and gymnasium. The City may utilize the gymnasium for an hourly fee of $30.00. The City will provide an on-site supervisor at all times. The locker room will not be available to the public. G. City will maintain and schedule the community « use of the high school tennis courts subject to the school paying 50 percent of the cost for nets and reconditioning of the courts. 11. Except as expressly provided in this agreement the District shall be responsible for all costs relating to maintenance, repair and replacement of District owned and maintained facilities and grounds. 12. For the purposes of this agreement, all persons employed in the performance of services and functions for City shall be deemed City employees and no City employee shall be considered as an employee of the District or under jurisdiction of the District, nor shall such City employees have any District pension, civil service, or other status while an employee of the City. ' - The District shall not be responsible for the payment of any salary, wage or other compensation to any City personnel performing services hereunder for City. City shall not be liable - 6 - for compensation or indemnity to any District employee for injury or sickness or wages arising out of his/her employment with District. 13. The District agrees that during the time that the City has use of school facilities, City may charge such admissions and fees for the said use of facility. All monies so levied and collected by the City shall be and remain the property of City. However, no event for which an admission price is charged shall be held pursuant to this agreement except amateur athletic contests, demonstrations or,exhibits, and other educational and non-commercial events. In the use of school facilities under this agreement, City agrees to comply with all of the requirements of the Education Coda of the State of California setting forth the limitations, requirements and restrictions on the use of school facilities. 14. It is understood and agreed that all activities on school facilities sponsored by District shall be supervised and conducted by District, and that all activities sponsored by City, pursuant to this agreement, shall be supervised and conducted by City. Each party shall be responsible for said areas during « their period of use, will bear the costs of all necessary supervising or teaching personnel during said period. • 15. Insofar as it is legally authorized, the District shall hold free and harmless the City, members of the City Council, boards or commissions, its employees, officers and agents, while acting as such, from all claims, loss, damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of any defec- tive or dangerous condition of any ground, site, building, equipment, play areas recreation facilities or other improvement located on the premises owned and maintained by District, or participation in any activity carried out or sponsored by the District, and further the District shall be responsible for any and all damages to property caused as a direct result of any school activity being conducted on said premises by the District. The District shall carry property damage and public liability insurance that cover the areas and activities set forth in this1' agreement. The City's property damage and public liability insur- ance shall include all areas and activities set forth in this agreement under their self-insurance program. Each party shall furnish the other party with a copy of their policies. Insofar as it is legally authorized, the City shall hold free and harmless the District, members of the Board of Trustees, its employees, officers and agents, while acting as such, from all claims, loss,'damages, costs, expenses or liability which may arise by reason of liability imposed by law because of injury to property or injury to or death of persons, received or suffered by reason of operation of the City recreational program upon said premises, by reason of its development of the athletic fields on the property or its performance of its obligations under this agreement, further, the City shall be responsible for any and all damages to property caused as a direct result of any recreational activity being conducted on said premises by the City. - 8 - The partie uereto acknowledge that t _e have been no representations made by either to the other not contained herein upon which either party is relying which has induced execution herein. This agreement embodies the entire agreement and under- standing between the parties hereto relating to the subject matter hereof. 16. The term of this agreement shall be for a length of ten years renewable on a year to year basis thereafter by mutual agreement. In addition, the terms of this agreement may be modified at any time by mutual consent and written agreement of the respective parties. « 17. Nothing in this agreement shall be construed to prohibit the Board of Trustees from participating financially in a specific recreation program when mutually agreed upon by the/ Board of Trustees and the City Council. 18. This Community Recreation Agreement may be terminated by either party as of June 30 of any fiscal year for any reason upon at least 180 days' written notice to the other. ATTEST: <A- V( /?^M^Ji^Ci — 7 'ALETHA L. RAUTENKRANZ City Clerk 'INCENT F. City Attorney CITY OF CARLSBAD, A municipal Corporation of the State of California By MARY H. C/ASLER, Mayor CARLSBAD UNIFIED SCHOOL DISTRICT Ed.D. Distri'ct Superintendent By. Thomas L. Curtin, M.D., President Board of Trustees - 9 - ~£ Y ~UfJi SCtiCVL I/flTA- Ace.es JUT. Loo f< ct u. Of. ««« •i C(L CA Cfc <£«. •OOm £ ^',":<i- «</r/rrr ^ <«u AIAA HvOI-W. m_^^m^~ Xfifi. sin** CJL C< c<. 1 1 1 ct el CA. TUtt *•*•n ye* r*<sctj fftt Hie ^•«T«; C««r«r t/f t */"*«•«* l/Mlf C /»fttitr TOTAL Utt+xf WIT Avr«4<re« Sftt-eo.it. :«. C« CA 'v-.-x, ftXlZ-Jlt. StA'JC I1A CA (7/£^ /VA«y/,4/cex C/t Jo.rrA /*£i^. < i_ Ht, '^ a k. V >- fv y * 5 S>- h ~ CO h o u % O V?0 Vu * 0 _bL Q 5 T W V ?« u -3 \lid V 01 hi ^ t **4>" *S » t- 43« ss t5 af* y5 " 13 13 21 2 0 LIBRARYn 19 12 18 13 17 14 16 ART ROOM 15 «•• 7 , Lr M 8 9 1 1 _a LOUi WORK FT GE 0 !OOM :E RESOUf ROOM :E KITCHEN — AUDITORIUM r\ r>> »•» C//£STfi>(J T A VEsJ VS. --Too pr. n a *» C" :^ •n•nin ». is < *T* r>1 ^1" ?. sS FIRE DRILL DEPt,0*M£HT ROUTES LIBRARY MEDIA CENTER 10 11 WORM' — * X1H 7 OFFICE NURSE i — ^••H • S t a ^B^HM ••^•1 f? July 15, 1987 TO: DAVID BRADSTREET, PARKS AND RECREATION DIRECTOR FROM: KEITH BEVERLY, MANAGEMENT ANALYST MONTHLY REPORT A presentation by the Planning Division of Rick Engineering has indicated that the development feasibility of Larwin Community Park has potential. A preliminary plan indicates that a number of park amenities including a baseball/softball field, soccer field, tot lots, parking, tennis, basketball and picnic areas can be incorporated into the design process. Grading and SDG&E easements within the park boundries are of major concern and details are currently being evaluated. Negotiations for the purchase of property adjacent to the Alta Mira park site are continuing between staff, Sammis Development and the property owner representatives. The possibility of acquisition of that land is uncertain at this time, however, negotiations are and will continue in order to acquire parkland within the Southwest quadrant. Year-round boardsail use and an additional pedestrian access to the Eastern portion of the Agua Hedionda Lagoon have been analyzed by Planning, Engineering and Parks staff. City Council will be presented with a recommendation from staff that will create a passible access point and allow both boardsails and jet ski activity on the Lagoon at the same time. Separate use areas will be protected by a restricted buffer zone in order to reduce possible liability exposure. Recreation staff has recently been concentrating their efforts towards the 1987 Carlsbad Triathlon. The event held July 12 was a tremendous success again this year. Over 740 applicants participated in the Triathlon and Recreation staff was supported by 175 community volunteers. The Park Operation Division has been involved in a number of projects including the re-landscaping of City Hall courtyard, Administration office renovation and the Poinsettia bridge re-landscape. The Parks Division is anticipating the responsibility for the landscape maintenance of Stagecoach Park towards the end of July. Details of assuming that responsibility are currently being discussed with the contractor. The Senior Citizen Center Architect Selection Committee has selected a firm after a very rigorous review process. Wolff/Lang/ Christopher Architects Inc. is the firm that will be recommended to the City Council for the design of the new Senior Citizen facility.