HomeMy WebLinkAbout2019-04-23; City Council; ; Status of the Village H Property in Calavera Hills� CITY COUNCIL
� Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
April 23, 2019
Mayor and City Council
Scott Chadwick, City Manager
Kyle Lancaster, Parks Services Manager
kyle.lancaster@carlsbadca.gov or 760-434-2941
Status of the Village H Property in Calavera Hills
CA Review lh.-C-r
Recommended Action
Receive a report on the status of the Village H property in the Calavera Hills neighborhood and
provide direction as applicable.
Executive Summary
The City of Carlsbad is in the process of acquiring a 60.9 acre property in northeast Carlsbad
known as Village H, in the Calavera Hills neighborhood. Presidio Cornerstone QC, LLC (Presidio)
is transferring ownership to the city as part of a 2013 legal settlement agreement (Agreement)
of an environmental lawsuit filed by Preserve Calavera challenging the Environmental Impact
Report for the nearby Quarry Creek housing project. The Village H property is mostly habitat
preserve area and other open space. A short segment of the city's trails system had been long
planned for the southern section of the property. Under the city's development rules, the trail
would have been dedicated as a city trail, concurrent with the owner developing a 3.8 acre
portion of the property designated for community facilities (CF). Under the Agreement, the city
is to become the owner of the Village H property; the referenced 3.8 acre portion of the
property is to be restricted to open space use; and the city is to promptly allow public access to
the noted trail.
Although the southern section of this property has been privately owned, signed and fenced for·
several years, many community members have continued to use it as a place to gather and walk
with their dogs off-leash. When the City Council voted to accept the grant deed for transfer of
the property on Jan. 8, 2019, it directed staff to seek input from the community on the future
use of the southern section of the property, concurrent with performing the needed remedial
work on the site, and then opening the trail for public use.
On March 8, 2019, city staff informed the City Council via a memorandum that the Village H
property deed transfer and recordation was delayed due to terms of a restrictive, conservation
easement on the northern section of the property [Exhibit 1]. As a result, the needed
maintenance of the property, and the trail opening originally planned for the spring, would be
postponed until the deed transfer was resolved. On March 12, 2019, the City Council approved
a minute motion directing staff to return with a Village H property discussion on "leaving the
trail to operate in its current status quo condition with the historical uses, until after we
conduct community input, instead of changing it first and conducting community input after."
April 23, 2019 Item #5 Page 1 of 30
Discussion
On Jan. 8, 2019, the City Council adopted a resolution to accept the grant deed dedicating the
Calavera Hills Village H property (APN 167-101-19) from Presidio Cornerstone QC, LLC to the
City of Carlsbad; authorizing the Mayor to execute a grant deed dedicating a portion of Calavera
Hills Village H property to the Calavera Hills Recreational Vehicle Park, a California mutual
benefit corporation; and authorizing two, one-time appropriations of $215,000 and $45,000 to
the parks maintenance operating budget and the trails maintenance operating budget,
respectively, for a total of $260,000 in improvements to the property to meet city standards
(Resolution No. 2019-03). The corresponding staff report from the City Council meeting on Jan.
8, 2019, is attached [Exhibit 2].
At that time, staff anticipated recording the deed for the property within two weeks, and
provided the City Council with an estimate of 60-90 days from recordation to complete the
following: coordinate with the Centedor Natural Lands Management to assume ongoing
management responsibility of two preserve areas within the southern section of the property,
and execute and administer contracts with trade firms to perform remedial work needed to
address the city's preserves, open space and trails standards.
On March 8, 2019, the City Council received a memorandum from staff providing an update on
the status of the Village H property transfer from Presidio Cornerstone QC, LLC (Presidio) to the
City of Carlsbad. The memorandum indicated the transfer ofthe deed and subsequent
recordation had been delayed due to the terms of a restrictive, conservation easement over the
northern section of the property, which requires that 1) the property owner, Presidio, provide
the conservation easement deed holder, The Center for Natural Lands Management (CNLM), a
45~day notice of the property transfer, and 2) Presidio pay CNLM a transfer fee assessed at
$10,000.
On Jan. 16, 2019, Presidio formally provided notice to CNLM of the property transfer, fulfilling
the first requirement. However, Presidio took exception to the second requirement on
payment of the transfer fee. In response to Presidio's exception, the City Attorney's Office
prepared a concurrency demand letter. Presidio subsequently agreed to pay CNLM a transfer
fee negotiated by the City Attorney's Office. Once this fee is paid, staff intends to record the
deed to accept the Village H property, consistent with the City Council's previous action.
On March 12, 2019, the City Council, on a minute motion by Council Member Hamilton,
seconded by Council Member Schumacher, directed staff to return to City Council within 45
days with an agenda item to discuss the outreach process and restrictions on the Village H trail.
Staff understood this direction to be specific to the current informal trail within the southern
section of the Village H property. The southern section of this property contains of 9.9 acres of
habitat preserve area and 12.6 acres of open space.
Background
The majority of a future city trail is located within the open space of the southern section of the
Village H property. This approximately half-mile trail segment is identified in the city's draft
Trails Master Plan as a part of the citywide trails system .
April 23, 2019 Item #5 Page 2 of 30
Historically -i.e., for the last several years --this alignment has been used by the public as an
informal trail, without authorization from the owner of the private property. The following
sections of the Agreement are pertinent to the Village H property and the noted trail:
Quarry Creek Investors' Obligations
In consideration of the obligations undertaken and the promises made herein by Petitioner and
the City, Quarry Creek Investors hereby covenants and agrees as follows:
b. Quarry Creek Investors will use its best efforts to acquire in fee the Village H property
{"Village H"}, composed of approximately 60.89 acres, Assessor Parcel Number ("APN")
167-101-19.
c. Quarry Creek Investors shall not be required to allow public access on existing trails
through Village H during the time that it owns Village H.
e. Quarry Creek Investors shall transfer its fee in Village H to the City upon the completion
of the following events: {1} approval by the City of the Site Development Plans or
Tentative Maps for the five Jots created by Tentative Map No. CT 11-04; (2) USACE
approval of a Section 404 permit for the Project; {3} execution of a Section 1603
Agreement with CDFW for the Project; and {4} issuance of a Section 401 Certification by
the SDRWQCB for the Project. The City agrees that this transfer of Village H shall be in
"as is" condition. Quarry Creek Investors shall be responsible for releasing any loans or
liens it may have placed on the property, preparing any plats and legal descriptions, and
paying any fees associated with the transfer of Village H to the City.
f. Within 45 days of the acquisition in fee of Village H, Quarry Creek Investors shall record
an open space easement or restrictive covenant on Village H (excluding the CF Site) for
the benefit of Preserve Ca/avera, or other mutually agreed upon third party.
Notwithstanding the recordation of an open space easement or restrictive covenant on
Village H, Quarry Creek Investors will retaif! the development rights to the CF Site until
the transfer of Village H to the City occurs.
g. Quarry Creek Investors shall record a restrictive covenant or open space easement on
the CF Site for the benefit of Preserve Calavera, or other mutually agreed upon third
party, prior to transferring the CF Site to the City, provided such transfer occurs
consistent with the terms of this Settlement Agreement.
h. The form of the Village H transfer documents and open space easements and/or
restrictive covenants referenced in Paragraphs 3.e through 3.g, above, shall be subject
to the reasonable review and approval by the City.
The City's Obligations
In consideration of the obligations undertaken and the promises made herein by Petitioner and
Quarry Creek, the City hereby covenants and agrees as follows:
April 23, 2019 Item #5 Page 3 of 30
a. The City agrees to accept the transfer of Village Hin fee from Quarry Creek Investors, or
Petitioner, in "as is" condition when offered.
b. Upon the transfer of Village H to the City, the City shall assume responsibility for
ownership of Village H and shall promptly allow public access to the historic public use
trail through Village H
e. The City shall post signage at the trail head of the historic public use trail through Village
H at the time it is opened to the public, indicating that the opening of the trail is the
result of a cooperative effort between the City, Quarry Creek Investors, and Preserve
Calavera.
Completed Action
Since receiving direction from the City Council on Jan. 8, 2019, staff has completed the
following:
• Met with limited members of the public who expressed concern about the pending
change in ownership of the property and the opening of the trail to the public --subject
to the existing regulations for citywide trails.
• Coordinated with CNLM to assume ongoing management responsibility of two preserve
areas within the southern section of the property.
• Executed contracts with trade firms to perform the remedial work to bring the property
up to the city's preserves, open space and trails standards.
• Developed a plan for public outreach and involvement.
Public Outreach and Involvement
City staff is ready to begin the public outreach and involvement process. The goal of this
process is to identify the community's needs, values and priorities related to the potential use
of the southern section of the Village H property. Some of these identified to date include:
• The social connection experienced by community members who have used the informal
trail, with and without dogs.
• Access to outdoor recreation, such as walking and jogging, for dogs and people, in a
natural setting.
• Protection of sensitive habitat.
• Enhancement of wildlife corridors (land where animals can move freely from one area
of open space to another, unobstructed by fences and other barriers).
• Privacy, peace and quiet, and safety'of the residents immediately adjacent to the
property.
Many stakeholders have already shared their views about the future use of this property with
the city. To ensure the city considers input from a broad range of stakeholders, staff is planning
the following activities within 90 days of the recording of the deed on the Village H property:
• Sign age at the site about the change in ownership of the property; the closure of the
southern section for remedial work; and the pending opening of the trail to the public -
subject to the existing regulations for citywide trails, including dogs on leash.
April 23, 2019 Item #5 Page 4 of 30
• Signage at the site inviting community members to a public meeting and to share input
via an online survey.
• Direct mailing to residents and property owners in the area around the property with
the same invitation.
• A public meeting at Calavera Hills Cor:rimunity Center that provides an opportunity for
the community to share their needs, values and priorities related to the potential use of
the site, and to learn about those of other community members.
• An on line survey gathering input similar to what is sought at the public meeting.
City staff will identify common values and themes from this process and return to the City
Council for direction within 60 days of its completion.
Interim Plan
Upon completion of the remedial work within the southern section of the Village H property,
city staff intends to comply with Section 4.b of the Agreement, by promptly allowing the public
access to the trail. Staff estimates the trail would be ready to open to the public within 90 days
of the property's deed being recorded. The balance of the southern section ofthe property
would remain a combination of preserve area and open space -i.e., 9.9 acres of habitat
preserve area, and 12.6 acres of open space. The subject 12.6 acres of open space would be
available for consideration of additional formalized trails and authorized recreational amenities,
subject to the City Council's direction.
Regulations Related to Dogs with Parks and Trails
Dogs are not permitted within city parks, preserves or other open space, except for designated
dog parks and city trails. Dogs may be on city trails, provided they are attache.d to a maximum
6-foot leash, in the owners' control. The related regulations are included in the San Diego
County Code of Regulatory Ordinances and the Carlsbad Municipal Code, with further guidance
contained in the 1989 Report of the Citizens Committee on the City of Carlsbad Open Space
Plan and Programs:
San Diego County Code of Regulatory Ordinances
Title 6 -Health and Sanitation, Division 2 -Animals and Poultry, Chapter 6 -Animal Control,
Article 1 -General Provisions
Section 62.602 -Definitions
The following definitions shall apply to this chapter:
c. "At large" means:
{1} Being on private property without the permission of the owner or person who has
the right to possess or use the property.
(2) Being unrestrained by a leash on private property open to the public or on public
property, unless a law or regulation expressly allows an animal to be unrestrained on the
April 23, 2019 Item #5 Page 5 of 30
property. If a leash is not being held in the hand of a person capable of controlling the animal or
a person is not actually controlling an animal attached to the leash, the animal is "at large."
(3) In a place or manner which presents a substantial risk of imminent interference with
animal or public health, safety or welfare.
aa. "Leash" means any rope, leather strap, chain or other material six feet or Jess in length,
intended to be held in the hand of a person for the purpose of controlling an animal to which it
is attached.
Title 6 -Health and Sanitation, Division 2 -Animals and Poultry, Chapter 6 -Animal Control,
Article 6 -Control Provisions
Section 62.669-Restraint of Dogs Required
(1) Being on private property without the permission of the owner or person who has
the right to possess or use the property.
{2} Being unrestrained by a leash on private property open to the public or on public
property, unless a Jaw or regulation expressly allows an animal to be unrestrained on the
property. If a leash is not being held in the hand of a person capable of controlling the animal or
a person is not actually controlling an animal attached to the leash, the animal is "at large."
{3} In a place or manner which presents a substantial risk of imminent interference with
animal or public health, safety or welfare.
a. A dog's owner or custodian or a person who has control of a dog shall prevent the dog
from being at large, except as provided in subsections (b) and (d) below.
b. A dog's owner or custodian who has direct and effective voice control over a dog to
ensure that it does not violate any Jaw, may allow a dog to be unrestrained by a leash
while a dog is assisting an owner or custodian who is:
1. Legally hunting.
2. Legally herding livestock.
3. On public property with the written permission of and for the purposes
authorized by the agency responsible for regulating the use of the property.
c. A dog's owner or custodian or a person having control of a dog that is lawfully on
private property shall keep the dog: (1) leashed or tethered as allowed under Health and
Safety Code section 122335, (2) under direct and effective control by voice or electronic
pet containment system or {3} in a building or enclosure that is adequate to ensure the
physical confinement of the dog and that also meets humane standards. An animal is
not considered leashed if the leash is not in the hand of a person capable of controlling
the animal or if the person is not actually controlling the animal attached to the leash.
April 23, 2019 Item #5 Page 6 of 30
d. This section shall not apply to a dog assisting or training to assist a law enforcement
officer in the course and scope of the officer's duties.
Section 62.669.1. -Public Protection from Dogs
a. A dog's owner or custodian or other person having control of a dog shall exercise
ordinary care to prevent the dog, while the dog is under the owner, custodian or other
person's care, custody or control from:
1. Attacking, biting or otherwise causing injury to any person engaged in a lawful
act.
2. Interfering with a person or animal legally using public or private property.
3. Damaging personal property that is lawfully on public property or that is on
private property with the permission of the property owner or other person who
has the right to possess or use the private property.
b. The owner of any unaltered dog that bites a person engaged in a lawful act shall pay the
Department an altering deposit in addition to any other applicable fees the Board of
Supervisors {Board) establishes. The altering deposit shall be refunded or forfeited as
provided in section 62.679{c).
c. This section shall not apply to a dog assisting or training to assist a law enforcement
officer while that officer is executing law enforcement duties or responsibilities.
Carlsbad Municipal Code
Title 7 -Animals and Foul, Chapter 7.08 -Rabies, Animal Control and Regulation
Section 7.08.010 -Adopted by Reference
8. Title 6, Division 2, Chapter 6, of the San Diego County Code of Regulatory Ordinances, as
amended by Ord. No. 10036 {N.S.), effective 2/26/10, relating to animal control, is
adopted by reference and incorporated as part of this code, except that whatever
provisions thereof refer to a County of San Diego board, territory, area, agency, official,
employee, or otherwise it shall mean the corresponding board, territory, area, agency,
official, employee, or otherwise of the city, and if there is none, it shall mean that the
county is acting in the same capacity on behalf of the city.
Title 11 -Public Property, Chapter 11.32 -Parks and Beaches
Section 11.32.010 -Parks -Scope
1. For the purpose of this chapter, parks shall include all dedicated parks, parks
established by adverse uses, planted areas open to the general public, parks on
leased property, trails open to the general public, planted parkways, triangles, and
traffic circles maintained by the city, except parkway strips between curb and
sidewalk or behind curb, along the several streets and highways of the city.
April 23, 2019 Item #5 Page 7 of 30
Section 11.32.030 -Unlawful Acts
It is unlawful for any person to do any of the following mentioned acts in or upon any park or
beach within the city:
11. To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl
of any kind. Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches.
a. Notwithstanding any other provisions of this chapter, this section does not apply
to Batiquitos Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.
b. This prohibition does not apply to a dog accompanying an unsighted person, or
other person who by reason of medical necessity must be accompanied by a dog,
dogs while assisting peace officers in law enforcement duties, dog parks or other
areas specifically designated for dog use by the city council, or to dogs
participating in shows or obedience classes authorized by the Carlsbad community
services department on specified areas of parks or beaches.
23. No person shall allow any dog owned by him or her or any dog subject to his or her
control, custody, or possession, to enter upon any park within the city; provided,
however, that this subsection shall not apply to dogs participating in shows or
obedience classes authorized by the Carlsbad community services department in
specified areas of parks, dog parks or other areas specifically designated for dog use
by the city council. No person shall allow or permit any dog to destroy any real or
personal property or to commit a nuisance on any park property. It is the duty of
persons having control of a dog to curb such a dog while in a park area.
City of Carlsbad Open Space Plan and Programs
On Sept. 12, 1989, the City Council accepted a Report of the Citizens Committee for Review of
Carlsbad's Open Space Plan and Programs. This report contained the following sections related
to dogs on trails.
Section V -Appendix, Volume JI, B. -Committee Minutes, May 1, 1989, Use of Open Space -
Subcommittee Report (#4)
The recommendations provided by this Subcommittee on the Use of Open Space are provided
below. These recommendations have been categorized as they fall into several different areas
of use. Also provided, following the recommendations is a discussion or justification for the
inclusion of the proposed recommendations.
PASSIVE: Often provides minimal or no improvements and includes
undemonstrative or subdued activities.
10. Establish a trail system for dogs with poop receptacles located at appropriate
intervals.
Discussion. The Subcommittee feels that a balance of open space uses is desirable in the
community and that emphasis in the past has been oriented toward active recreation. Although
emphasis should continue with regard to active uses, more consideration should be given to
acquiring and maintaining more passive areas such as trails, viewpoints, and natural areas.
These areas should be separated from active areas whenever possible. The Subcommittee feels
April 23, 2019 Item #5 Page 8 of 30
that passive areas may be improved but not to the extent where they could become active. For
example, a trail might include a decomposed granite walkway with benches and trash
receptacles located at appropriate distances along the path. The Subcommittee is
recommending that no improvements take place within environmentally sensitive areas but that
it may be appropriate to have trails or interpretive center located nearby.
It is being recommended that the city should take advantage of opportunities to acquire natural
open space and the natural areas acquired as open space should remain in their natural state.
The Subcommittee also feels that natural areas should be used to delineate the city boundaries,
where possible, and separate major land uses. In addition, the Subcommittee felt that natural
areas should be located to be visible from large public gathering areas such as the mall and
roadways. The intent is to preserve Carlsbad's rural flavor in more urbanized areas.
Since the Open Space Committee has approved the concept of trails as an open space use and is
recommending a study this Subcommittee felt that the analysis should include a discussion of
liability, ownership, cost maintenance, location and types of trails including surfaces (e.g.,
asphalt, etc.). It was recommended that major developments proposed in the city address trails
and that any trails proposed be sensitive to existing uses.
In addition to accepting this report, the City Council directed staff (Agenda Bill No. 10,239) to
prepare a work program to implement recommendations. Thus, city trails have been specifically
designated for use by dogs --on leash only, in accordance with San Diego County Code of
Regulatory Ordinances section 62.669.
The above regulations and open space plan and programs will apply to the Village H property,
once the deed is accepted by the city. Based on those regulations, plan and programs, trails
may not be used by off-leash dogs. Off-leash trails use by dogs would require not only City
Council direction to pursue amendments to the regulations, plan and programs, but would also
require the completion of a planning and permitting process consistent with such a process for
an off-leash dog park. Therefore, only leashed dogs will be allowed on the Village H property's
trails. Further, under CMC section 11.32.030, dogs will not be allowed on the balance of the
Village H property that is habitat preserve area and open space.
Matters for Possible Exploration
"Historic Public Use Trail"
Some community members have ascribed significance to the term "historic public use trail" in
sections 4.b. and 4.e. of the Agreement, inferring that the acknowledgement of the
community's past use of this property prescribes the future use. However, all three parties to
the Agreement concur that this term was not intended to reference any specific activities on
the trail. Rather, this term simply describes the public's use of a segment of the Village H
property as a trail. On April 15, 2019, staff received the attached letter from Preserve Calavera,
stating its position on this matter [Exhibit 3].
April 23, 2019 Item #5 Page 9 of 30
Off-Leash Dog Park Discussions
Prior to the Jan. 8, 2019 City Council Meeting, staff met with a few members of the public who
had expressed an interest in the future of this property. Those meetings included discussions
about potential consideration of an off-leash dog park at the southern section of the Village H
property. A couple of different off-leash dog park ideas --ranging from linear to square
configurations --were briefly reviewed.
Linear Configuration: A "linear" configured dog park could be considered within part of
the open space (but not the habitat preserve area) adjacent to the existing trail.
• This configuration may create a barrier to important wildlife corridors, restricting
the free movement from one area of open space to another.
• Fencing tall and sturdy enough to keep dogs in may diminish the patrons'
experience with nature.
Square Configuration: A "square" configured dog park could be considered within the
3.8 acre portion of the property formerly designated CF, which is already rough graded.
• Some proponents of allowing dogs off-leash on the trail have indicated this
configuration does appeal to them because it would not involve the same walk.
• Additional fencing around this parcel may further limit the wildlife corridors
• A similarly configured dog park already exists on Carlsbad Village Drive,
approximately 1 mile west of the Village H property.
These concepts have been reviewed only at a very cursory level, with just a few individuals.
They could be explored further during the proposed public outreach and involvement process
(which staff plans within 90 days of the recording of the deed on the Village H property).
As a recent co_mparison of an off-leash dog park planning and permitting effort, on Sept. 12,
2017, the City Council directed staff to explore locating an off-leash dog park at the segment of
Poinsettia Community Park which was initially envisioned for a multigenerational recreation
center [Exhibit 4]. Staff subsequently engaged the community on this specific concept. On Feb.
13, 2018, staff provided the City Council with the results of the public input received and the
advisement of the Parks & Recreation Commission on this concept. In response, the City
Council directed staff to further pursue locating an off-leash dog park at the described segment
of Poinsettia Community Park [Exhibit 5].
Since that date, staff worked with a design firm to refine the schematic plans for an off-leash
dog park, developed a Capital Improvement Program (CIP) project, received a City Council
allocation of funding to proceed with the project, and submitted an extensive application for an
amendment to Poinsettia Community Park's existing conditional use permit. Staff is currently
awaiting the scheduling of a Planning Commission hearing on the matter. Presuming the
amendment to the conditional use permit is approved, staff will next process an amendment to
the community park's master plan, and then commence with the preparation of construction
documents for an off-leash dog park. A similar work effort would be required if the City Council
were to direct staff to further pursue the planning and permitting of an off-leash dog park at
the southern section of the Village H property.
April 23, 2019 Item #5 Page 10 of 30
Options for Consideration
Staff has identified the following options for the City Council's consideration regarding the
future of the southern section of the Village H property.
Options that comply with the Agreement and the existing regulations, plan and programs:
A. Action Directed by the City Council on Jan. 8, 2019
1. Open the trail as soon as practical upon completion of the remedial work, under the
existing citywide trails use regulations (i.e., dogs must be on a leash).
2. Seek input from the community on potential recreational amenities, including but
not limited to amenities involving dogs, upon recordation of the property's deed.
Bring this community input to the City Council separately for direction.
B. Action Recommended by Staff on Jan. 8, 2019
1. Open the trail as soon as practical upon completion of the remedial work, under the
existing citywide trails use regulations (i.e., dogs must be on a leash).
2. Seek input from the community on potential recreational amenities, including but
not limited to amenities involving dogs, in the fall as part of the Parks & Recreation
Department Master Plan update --to allow for a more holistic approach to
addressing the community's parks and recreation needs. Bring this community input
to the City Council with the updated departmental master plan for direction.
C. Bypass Community Input and Pursue Planning/Permitting of an Off-Leash Dog Park
1. Open the trail as soon as practical upon completion of the remedial work, under the
existing citywide trails use regulations (i.e., dogs must be on a leash).
2. Bypass community input on potential recreational amenities, including but not
limited to amenities involving dogs.
3. Initiate a planning and permitting effort for an off-leash dog park like the effort
currently in progress at Poinsettia Community Park. Based on that current effort,
staff anticipates at least 24 months required to complete a planning and permitting
effort at the Village H property.
If option C is preferred, staff estimates at least 12 additional months will be required to
complete the preparation of construction documents, public bidding, and ultimate construction
of the dog park at the Village H property.
Fiscal Analysis
There is no direct fiscal impact associated with the receipt of this staff report. Should the City
Council select Option C, staff would develop a CIP project, and include an allocation of funding
to proceed with the project in the FY 2019-20 Budget request. As a comparison, the CIP project
cost estimate for the off-leash dog park at Poinsettia Community Park is presently $1,100,000.
April 23, 2019 Item #5 Page 11 of 30
Next Steps
The City Clerk will record the deed and the city will take possession of the Village H property.
The Mayor will then execute the grant deed for that portion of Village H property which
constitutes the RV storage property and the City Clerk will secure necessary signatures and
record the RV storage property grant deed. The result will be the city owning the habitat
preserve areas and open space portions of theVillage H property. After recording the deed to
accept the Village H property, staff will schedule the performance of the described remedial
work and implement the described public engagement effort, unless directed to do otherwise
by the City Council.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, receiving this staff report does not constitute
a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has
no potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect change in the environment, and therefore does not require environmental
review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Mar. 8, 2019 Staff Memorandum to the City Council
2. Jan. 8, 2019 Staff Report to the City Council
3. April 15, 2019 Letter from Preserve Calavera
4. Sept. 12, 2017 Staff Report to the City Council
5. Feb. 13, 2018 Staff Report to the City Council
April 23, 2019 Item #5 Page 12 of 30
Two other portions of the Calavera Hills Village H property (approximately 9.9 acres) are within
the HMP area, but are not funded for long term preserve management. To cover the added
manageme11t costs of these preserves, an ongoing appropriation of $35,000 to the Parks
Maintenance Operating Budget will be needed. This request for appropriation will be included
in the FY 2019-20 budget process. Parks & Recreation staff will then arrange for the existing
· management firm for city-owned preserves, the Center for Natural Lands Management (CNLM),
to assume this additional ongoing obligation.
In addition, the current condition of all three preserve areas described above (approximately 46
acres total) require initial remedial work to bring them up to city preserve standards. This work
will include tasks such as exotic plant trimming or removal (e.g., Eucalyptus trees), trash and
debris removal, drainage ditch clearances, and basic surveys of plant life and wildlife; A one-
time appropriation of $165,000 to the Parks Maintenance Operating Budget will be needed to
address this remedial work. The work will be performed predominantly by contractual forces.
Another remaining portion of the Calavera Hills Village H property (approximately 12.6 acres) is
outside the HMP area, but will still be designated as open space, and will a.lso require long term
maintenance and management. Included within that approximate 12.6 acres is an approximate
3.8 acres of disturbed land on the southeast corner of Carlsbad Village Drive and Victoria Lane.
That disturbed land is presently General Plan designated as Community Facilities (CF), but as
part of a future General Plan update, it will be re-designated as Open Space (OS), resulting in a
net gain of 3.8 acres of open space. The entire 12.6 acres of open space will be available for the
city's cons.ideration of formalized trails and other authorized recreational amenities.
Contained within this 12.6 acres of open space is the bulk of a trail alignment (approx. ½ mile)
conceptually reflected in the city's draft Trails Master Plan. For several years, much of this
alignment has been used by the public as an informal trail, while the Calavera Hills Village H
property was privately-owned. Section 4.B of the Agreement states that "Upon the transfer of
Village H to the City, the City shall assume responsibility for ownership of Village H and shall
promptly allow public access to the historic public use trail through Village H."
To accommodate the assumption of these maintenance and management requirements,
ongoing appropriations of $40,000 and $10,000 to the Parks Maintenance Operating Budget
and Trails Maintenance Operating Budget, respectively, will be needed; these requests for
appropriations will be included in the FY 2019-20 budget process. The long-term services to this
portion of the property will be performed by a combination of contractual forces and city staff.
The current condition of the informal trail would also require initial remedial work to bring it up
to city trails standards. This work would include items such as exotic plant trimming or removal
(e.g., Eucalyptus trees), trail surfacing supplementation, trail delineation fence erection, trail
signage, recycling/trash receptacles~ and related amenities installation. Two, one-time
appropriations of $50,000 and $45,000 to the Parks Maintenance Operating Budget and Trails
Maintenance Operating Budget, respectively, and the execution of applicable trade contracts,
will be needed to address this initial remedial work. The work will be performed predominantly
by contractual forces.
January 8, 2019 ltem#6 3of45
April 23, 2019 Item #5 Page 17 of 30
Next Steps
If the recommended action is approved by the City Council, staff would seek public input on the
concept of relocating the dog park to the segment of the community park initially envisioned
for a multigenerational recreation center. Staff would also re-engage the design team to revise
the Poinsettia Community Park-Phase Ill Construction Project plans and specifications to
remove the dog park.
Staff would embrace revising the Poinsettia Community Park -Phase Ill Construction Project
plans and specifications to remove the dog park, and exploring its relocation to the segment of
Poinsettia Community Park initially envisioned for a multigenerational recreation center. In so
doing, staff would be adhering to the Parks & Recreation Department's Mission Statement:
"To promote community health and wellness while building a culture that embraces change and
continuous improvement."
Environmental Evaluation (CEQA)
The recommended action to reject all bids received for the Aviara Community Park -Phase II
and Poinsettia Community Park-Phase Ill Construction Projects has been determined to be
exempt from environmental review per CEQA Guidelines Section 15061(b)(4); the bids will be
rejected or disapproved by a public agency.
Public Notification
Public notification of this pending project occurred through the two advertisements for pubic
bidding. In addition, this item was noticed in accordance with the Ralph M. Brown Act and was
available for public viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Resolution rejecting all bids received for the Aviara Community Park -Phase II and
Poinsettia Community Park-Phase Ill Construction Projects (Capital Improvement Program
Nos. 4604 and 4605); and directing staff to revise the Poinsettia Community Park-Phase Ill
Construction Project plans and specifications to remove the dog park, and explore its
relocation to the segment of Poinsettia Community Park initially envisioned for a
multigenerational recreation center.
2. Site Plan and Renderings of the Aviara Community Park -Phase II Construction Project
3. Site Plan and Renderings of the Poinsettia Community Park-Phase Ill Construction Project
Page 378
April 23, 2019 Item #5 Page 24 of 30
Projects. On Sept. 12, 2017, the City Council approved the above recommended actions
(Resolution No. 2017-185).
Staff subsequently re-engaged the design team to revise the Poinsettia Community Park-
Phase Ill Con-struction Project plans and specifications to remove the dog park. Staff is now
seeking the City Council's approval of the revised plans, specifications and contract documents
for the Aviara Community Park -Phase II and Poinsettia Community Park-Phase Ill
Construction Projects, and authorization for the City Clerk to advertise the projects for bids.
Staff also subsequently sought public input on the concept of relocating the dog park to the
segment of Poinsettia Community Park initially envisioned for a n,ultigenerational community
center. Based on the results of the public input survey conducted, and the Parks & Recreation
Commission's advisement, staff is recommending the City Council provide direction to pursue
relocation of the dog park as described.
Discussion
The Aviara Community Park -Phase II Construction Project plans consist of a large passive
outdoor community gathering space with a stage, individual picnic areas, and a group picnic
shelter that contains restrooms and a catering support room. The Poinsettia Community ~ark-
Phase Ill Construction Project plans initially consisted of a dog park -with separate areas for
large and ·small dogs, a multi-sports arena field, a new larger playground -with equipment for
two age groups, and six pickleball courts.
The city sought public input throughout the planning phase of these projects, beginning with
stakeholder interviews and open public meetings for the parks during 2014. This early public
input contributed to the development of the Aviara Community Park and Poinsettia Community
Park Master Plan Updates, which were adopted by the City Council on Dec. 9, 2014 (Resolution
No. 2014-280).
The projects were designed together and intended to be bid as one unit, in order to take
advantage of soils export/import needs associated with the respective amenities, the close
proximity of the parks, and the available economies of scale in construction. On Sept. 27, 2016,
the City Council approved the plans and specifications for the Aviara Community Park -Phase II
and Poinsettia Park -Phase Ill Construction Projects, and authorized the City Clerk to advertise
the projects for bids (Resolution No. 2016-199).
On October 7, 2016, the projects were advertised for bids. On Nov. 10, 2016, three bids were
received for the projects. All three bids were subsequently determined to be non-responsive.
On Jan. 10, 2017, the City Council rejected the bids and approved of staff's pending action to
revise the bidding provisions/forms, extend the advertisement period, and re-advertise the
projects for bid_s (Resolution No. 2017-005).
On Feb. 2, 2017, the projects were re-advertised for bids. On March 21, 2017, seven bids for
the projects were received. After the apparent lowest bidder withdrew its bid, the next lowest
responsive and responsible bid received was in the amount of $6,797,556.
During the bidding process, multiple residents and representatives of home owners
associations requested that the dog park not be constructed in the master plan-indicated
location of Poinsettia Community Parl<. The master plan-indicated location of the dog park is a
February 13, 2018 Item #7 Page 2 of 19
April 23, 2019 Item #5 Page 26 of 30
/\II lh.•u )ive -Agenda Item# 5
I u r U10 Information of the:
~I I Y COUNCIL
D;1te _4J.;e~CA v CC V
CM~COO ~DCM(3) V
April 23, 2019
Council Memorandum
To: Honorable Mayor Hall an
From:
Re:
Scott Chadwick, City Ma aca.i-.-fl-T"'[-
Response to Question fr
Agenda Item No. 5 -VILLAGE H_PROPERTY STATUS UPDATE
{city of
Carlsbad
Question 1: Please clarify the language on page 9 of 30 from a legal perspective, that currently
states, "However, all three parties to the Agreement concur that this term was not intended to
reference any specific activities on the trail."
Answer: This statement was intended to mean that specific trail uses, such as off-leash dog use,
were not contemplated or discussed during settlement negotiations.
cc:
Celia Brewer, City Attorney
Gary Barberio, Deputy City Manager
Paz Gomez, Deputy City Manager
Laura Rocha, Deputy City Manager
Ronald Kemp, Assistant City Attorney
Chris Hazeltine, Parks & Recreation Director
City Manager's Office
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-4820 t
April 23, 2019
To: Carlsbad City Council
Tom A. Watson
Oceanside, CA 92056
Re: Victoria Dog Grove ("Village H South")
bear Mayor Hall and Council Members,
/\II Receive -Agenda Item# __5_
For the Information of the:
, CITY COUNCIL
Date ticA_:j_ cc~
CMxcoo~DCM (3) ✓
· First of all, THANK YOU ALL for your continued service to the city of Carlsbad and surrounding
region.
I am one of those who has been illegally walking my dog on the Village H trail for approximately 25
years, and am proud to admit it. We made this journey initially on foot, from our home on Salisbury
Drive off Pontiac, with our dog Zoey. Now we do so by car from our home in Oceanside, with Leo.
We do this because there is simply no other place that we have experienced that offers such a beautiful,
comfortable, friendly and peaceful environment for our beloved dogs, and their masters and their
families as well.
In my view this issue is not that complicated. The role of government is, first and foremost, to do what
is in the best interest of its citizens. Those of you who have visited and experienced the trail must
surely have come to the conclusion that those best interests are served in this case by preserving THIS
HISTORIC USE of the trail, whether or not the legal documents authorize this.
Staffs report, while nicely summarizing the history and legalities of the situation, presents 3 options
for moving forward, none of which are in the best interest of the community. I ask Council to find the
4th option, and am happy to serve with a team if requested to help develop "Option 4 Concepts."
Finally, some of you may have learned of the recent passing of Kasey Cinciarelli. Kasey worked
tirelessly to keep the Village H Trail open, available to the public, and to preserve the traditional and
historic uses of the trail, which includes off-leash dog walking. In recognition of Kasey's devoted
efforts to serve the best interests mentioned above, I would like to propose the inclusion of a suitable·
memorial as part of the establishment of the Village Hoff-leash dog trail.
Many thanks for your consideration of these requests, and for your dedicated service to the
community.
Tom Watson
Morgen Fry
Subject:
Attachments:
FW: Response to Exhibit #3, April 23, 2019 Meeting Agenda Packet -Village H Update
Response To Diane Nygaard Letter.pdf
From: C20_Sailor
Sent: Tuesday, April 23, 2019 8:15 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Response to Exhibit #3, April 23, 2019 Meeting Agenda Packet -Village H Update
TO:
Mayor Matt Hall,
Council Member Keith Blackburn,.
Council Member Cori Schumacher,
Council Member Barbara Hamilton and
Council Member Priya Bhat-Patel;
By E-mail to council@carlsbadca.gov
Dear Mayor and Council Members,
All Receive -Agenda Item# 5
For the Information of th;-
pTY COUNCIL
.... Date Lf-1~:?llC\ CA ✓. CC ../ •
CM x_ coo L DCM (3) ✓
Attached in the form of a PDF file is a letter responding to Exhibit #3 of the April 23, 2019 Agenda Packet for
your meeting of that date. Exhibit #3 is a letter from Ms. Diane Nygaard on behalf of Preserve Calavera:
Thank you for your consideration of my response.
Respectfully,
Lonnie Smith
Attachment (1): PDF file; Response to Diane Nygaard Letter
1
April 22, 2019
TO:
Mayor Matt Hall
Council Member Keith Blackbuin
Council Member Cori Schumacher.
Council Member Barbara Hamilton
Council Member Priya Bhat-Patel
By e-mail to council@carlsbadca.gov
REGARDING:
A Response to Diane Nygaard/Preserve Calavera Letter (Exhibit #3, 04/23/2019 Agenda Packet)
Dear Mayor Hall and Council Members,
,After reading Ms. Nygaard's letter, I felt there are several points.made in it that must be responded
to in detail. I'll start with the last sentence in her third paragraph:
"Our prior research indicated this trail had long standing use public use and our intent was
to ensure that use could continue."
The bold type and underline are mine, but the quote is from Ms. Nygaard. So, the question is,
"What exactly does that use describe?" For the many ofus trail users who actively supported Ms.
Nygaard's efforts to persuade the City to purchase Village H South, it was off-leash dog walking.
Our desire ~d intent to continue using the trail in that historic manner was fully known to Ms.
Nygaard and her organization, Preserve Calavera .. In fact, by supporting their efforts vigerously, we
were implicitly trusting both of them to also act in our interest persuading the City to allow that
practice to continue once the land came under City ownership.
We were encouraged to participate in the Preserve Calavera rallies, attend City Council meetings in
supp01i of her eff01is, write letters and so on; which we did in significant numbers. Not only was
our off-leash dog walking well known to Ms. Nygaard and Preserve Calavera, it has been active'fy
used by them promoting the public value and positive attrubutes of the trail. Don't believe me?
Then I invite you to to visit the following Preserve Calavera website page, scroll down to the
bottom of the page, and view the promotional video made for them in Febmary of 2010 and posted
to YouTube.com at that time. You will find that webpage here. The promotional video may be
accessed directly on YouTube using this link.
I'll include some screen captures of the aforementioned video at the end of this letter. Should either
the Preserve Calavera webpage, or YouTube promotional video, become unavailable to you, I have
digital copies of both I can provide to you.
Eventual negotiations on the legal agreement mentioned in paragraph one of her letter came about
in an unexpected way. Negotiations were not done with general public awareness, and announced
only after they were concluded. However, following that announcement, and in a face-to-face
conversation with me, Ms. Nygaard assured me "the public will continue to use the trail just as they
always have." Given her knowledge of the historical trail usage, and our paiiicipation in her effo1is,
wouldn't a reasonable person assume off-leash dog walking would be explicitly implied there?
Now with respect to Ms. Nygaard's discussion of open space and Habitat Management land, I
would like to point out the following that you may well know:
The City of Carlsbad reconizes 4 types of open space;
1) open space for preservation of natural resomces;
2) open space for managed production ofrescimces;
3) open space for outdoor recreation;
4) and open space for aesthetic, cultural and educational purposes.
Land being open space does not necessarily preclude it from actually being used. Transferring land
from one category of open space to another does not materially change any of the metrics used to
meas me open space. Only a small portion of Village H South is designated as Habitat Management
land under the HMP.
There is a very small overlap of that portion of Village H South designated Habitat Management
land and the current Village H Trail. When that ovedap .became known, those ofus using the trail
took it seriously, and began to look for a solution to that conflict. We had a very pleasant and
productive, on-site conversation with City Staff responsible for Habitat Management issues. We
believe we found a solution that would actually extend and enhance Habitat Management land on
Village H South and remove the conflict with the trail, transferring the conflicted trail land into the
"open space for outdoor recreation" category.
A trail user (and off-leash dog walker) well known to Ms. Nygaard, a former Preserve Calavera
Board member in fact, approched Ms. Nygaard multiple times to discuss this possibility of
implementing that solution. On all occasions, Ms. Nygaard has refused to discuss it at all. Since
our solution would have actually increased Habitat Management land,, and also added land of much
higher value to the HMP than that consumed by the trail, one has to wonder if habitat management
is the real issue.
In spite of off-leash dog walking working very well on the trail for 30+ years, we find many people
are just close-minded about it and their motivation is fear, plain and simple. Fear that if it's allowed
at Village H, it will appear elsewhere in the City. That's what they want to prevent at all costs, even
if it deprives others of a recreational opportunity they love. And, incidently, an activity successfully
permitted in fom nearby cities; Encinitas, Vista, Del Mar and (San Diego) Rancho Bernardo.
Those of us em,bracing off-leash dog walking at Village H know how well it works. We-know how
valuable it is to om Northeast Carlsbad neighborhoods. We will continue to work for it, hoping to
fmd some reasonable partners within City government that will help us establish it as a legitimate
outdoor recreation in Carlsbad. It is actually an asset, not a liability.
Thank you for you attention and serious consideration of my letter.
Respectfully submitted,
Lonnie Smith
Carlsbad, CA 92010
Video Screenshots from Preserve Calavera, ViUage H Promotional Video
Chris Hazeltine, Parks & Recreation Director
Kyle Lancaster, Parks Services Manager
April 23, 2019
Status of the Village H Property
in Calavera Hills
Village H Action
•Jan. 8, 2019, City Council adopted Resolution No. 2019-03
-Accepting dedication of the Village H property from Presidio
-Authorizing execution of deed dedicating portion of property
-Authorizing appropriations of $260,000 for improvements
Village H Status
•On March 8, 2019, City Council received a memo from staff
−Transfer of the deed and subsequent recordation had been
delayed due to the terms of a restrictive, conservation
easement over the northern section of the property
Village H Status
•Easement over northern section of property required:
−Property owner, Presidio, to provide the conservation
easement deed holder, the Center for Natural Lands
Management, a 45-day notice of the property transfer
−Presidio to pay CNLM a transfer fee assessed at $10,000
Village H Status
•Fulfillment of two easement requirements:
−Jan. 16, 2019, Presidio provided notice to CNLM of transfer
−Presidio took exception to the payment of the transfer fee
o Presidio later agreed to pay CNLM a negotiated fee
o April 22, 2019, CNLM confirmed receipt of fee payment
Village H Status
•Now that easement requirements have been fulfilled:
−Staff intends to record the deed to accept the Village H
property, consistent with the City Council’s previous action
o Completion of recording is expected within two weeks
Village H Action
•March 12, 2019 City Council approved a minute motion
−Directing staff to return to City Council within 45 days with
an agenda item to discuss the outreach process and
restrictions on the Village H trail (i.e., southern section)
•Village H Property
-Northern Section
-Southern Section
Village H Dedication
•Is part of a legal settlement agreement re. Quarry Creek
-Executed on Nov. 25, 2013
-Between Preserve Calavera, Quarry Creek Investors and City
Village H Dedication
•The Village H property is:
−Currently owned by Presidio Cornerstone
−Within the Calavera Hills Master Plan
−One Parcel -approximately 60.9 acres
Village H Dedication
•The Village H property consists of:
₋Habitat Preserve Areas (46 acres)
₋Open Space Area (12.6 acres)
₋RV Storage Area (2.3 acres)
•Northern Section = 36.1 ac.
−All preserve area/HMP
−Long-term endowment to
manage the property
−CNLM currently provides
that management
•Southern
Section
-R.V. Storage
-Preserve Area
-Open Space
•Southern Section -RV Storage Area = 2.3 ac.
−Property use is consistent with
the Calavera Hills Master Plan
−To be deeded to Calavera Hills
Recreation Vehicle Park Corp.
•Southern Section -Preserve Areas = 9.9 ac.
−Southwest and Southeast areas
−Included in city’s HMP
−No endowment for maintenance
−No conservation manager
•Southern Section -Open space = 12.6 ac.
−Is not habitat preserve area
−Consists of:
o Disturbed open space = 3.8 ac.
o Non-disturbed open space = 8.8 ac.
•Informal trail (.5 mile)
−Used for years without owner consent
−Loop configuration from Victoria Ave.
−Potential connection to Tamarack Ave.
Village H Improvement Work
•Staff requested one-time funding for improvement work:
−To meet habitat preserve, open space and trails standards
Village H Improvement Work
•Habitat preserve and open space work is to include:
−Plant/wildlife surveys
−Exotic plant trimming/removal (e.g.: Eucalyptus)
−Trash/debris removal
−Drainage ditch clearing
Village H Improvement Work
•Preserve Work: January Conditions
Village H Improvement Work
•Preserve Work: January Conditions
Village H Improvement Work
•Open Space Work: January Conditions
Village H Improvement Work
•Open Space Work: January Conditions
Village H Improvement Work
•Trail work is to include:
−Trail surfacing
−Trail delineation post ‘n’ rail fencing
−Directional and regulatory signage
−Recycling and trash receptacles
−Dog waste bag stations
Village H Improvement Work
•Trail Work: January Conditions
Village H Improvement Work
•Trail Work: January Conditions
Village H Improvement Work
•Southern section, including the trail
−Work is to commence after recording of the deed
−Work is to be completed within 90 days after recording
−Public access is to be allowed once the work is completed
Public Outreach and Involvement
•Dogs are to be allowed -on leash, along the trail
−Staff was to conduct public outreach on any other potential
recreational use during department’s master planning process
−City Council directed staff to instead conduct that public
outreach concurrent with performing the improvement work
Public Outreach and Involvement
•Goal of this process is to identify community’s needs,
values and priorities related to potential uses, such as:
−The social connection experienced by community members
−Access to outdoor recreation, such as walking and jogging
−Protection of sensitive habitat
Public Outreach and Involvement
•To consider input from a broad range of stakeholders,
staff plans these activities within 90 days of recording:
−Signage at site about the change in property ownership, and
the closure of the southern section for improvement work
−Signage at the site re. a public meeting and an online survey
Public Outreach and Involvement
•To consider input from a broad range of stakeholders,
staff plans these activities within 90 days of recording:
−A direct mailing to residents and property owners in the area
−A public meeting at Calavera Hills Community Center
−An online survey structured similarly to the public meeting
Legal Settlement Agreement
•Quarry Creek Investor’s Obligations
−f.shall record an open space easement or restrictive
covenant on Village H (excluding the CF Site)
−g. shall record a restrictive covenant or open space
easement on the CF Site
Legal Settlement Agreement
•City’s Obligations
−a. accept the transfer of Village H in fee from Quarry Creek
Investors, or Petitioner, in “as is” condition when offered
−b. assume responsibility for ownership of Village H and shall
promptly allow public access to the historic public use trail
SD Co. Code of Regulatory Ordinances
•Title 6, Division 2, Chapter 6, Article 1, Sec. 62.602
c.“At large” means:
1)Being on private property without permission of the owner
2)Being unrestrained by a leash on private property…or on
public property, unless a law or regulation expressly allows
an animal to be unrestrained on the property
SD Co. Code of Regulatory Ordinances
•Title 6, Division 2, Chapter 6, Article 1, Sec. 62.602
aa.“Leash” means:
•any rope, leather strap, chain or other material six feet or
less in length, intended to be held in the hand of a person for
the purpose of controlling an animal to which it is attached
SD Co. Code of Regulatory Ordinances
•Title 6, Division 2, Chapter 6, Article 6, Sec. 62.669
•Restraint of dogs required:
3.In a place or manner which presents a substantial risk
of imminent interference with animal or public
health, safety or welfare
SD Co. Code of Regulatory Ordinances
•Title 6, Division 2, Chapter 6, Article 6, Sec. 62.669.1
•Public Protection from Dogs:
a.A dog's owner or custodian or other person having
control of a dog shall exercise ordinary care to prevent
the dog, while the dog is under the owner, custodian or
other person's care, custody or control from:
SD Co. Code of Regulatory Ordinances
•Title 6, Division 2, Chapter 6, Article 6, Sec. 62.669.1.a.
1.Attacking, biting or otherwise causing injury to any person
engaged in a lawful act
2.Interfering with a person or animal legally using public or
private property
3.Damaging personal property lawfully on public property…
Carlsbad Municipal Code
•Title 7, Chapter 7.08, Sec. 7.08.010 -Adopted by Ref.
B.Title 6, Division 2, Chapter 6, of the San Diego County Code
of Regulatory Ordinances…relating to animal control, is
adopted by reference and incorporated as part of this code…
Carlsbad Municipal Code
•Title 11, Chapter 11.32, Sec. 11.32.010 –Parks -Scope
1.…parks shall include all dedicated parks, parks established
by adverse uses, planted areas open to the general public,
parks on leased property, trails open to the general public…
Carlsbad Municipal Code
•Title 11, Chapter 11.32, Sec. 11.32.030 –Unlawful Acts
11.Dogs are not allowed in Carlsbad’s parks…
b.This prohibition does not apply to…dog parks or other
areas specifically designated for dog use by the city
council…
Carlsbad Municipal Code
•Title 11, Chapter 11.32, Sec. 11.32.030 –Unlawful Acts
23.No person shall allow any dog owned by him or her or any
dog subject to his or her control, custody, or possession, to
enter upon any park within the city; provided, however, that
this subsection shall not apply to…dog parks or other areas
specifically designated for dog use by the city council
Carlsbad Open Space Plan and Programs
•Section V, Appendix, Volume II, B. –Comm. Minutes,
May 1, 1989, Use of Open Space –Subcomm. Report #4
-Recommendations provided by this Subcommittee on the Use
of Open Space are provided below
Carlsbad Open Space Plan and Programs
•PASSIVE: Often provides minimal or no improvements and
includes undemonstrative or subdued activities…
10.Establish a trail system for dogs with poop receptacles
located at appropriate intervals
Carlsbad Open Space Plan and Programs
•Discussion…The Subcommittee feels that passive areas may be
improved but not to the extent where they could become active.
For example, a trail might include a decomposed granite walkway
with benches and trash receptacles located at appropriate
distances along the path
Carlsbad Open Space Plan and Programs
•The Subcommittee is recommending that no improvements take
place within environmentally sensitive areas but that it may be
appropriate to have trails or interpretive centers located nearby. It
is being recommended that the city should take advantage of
opportunities to acquire natural open space and the natural areas
acquired as open space should remain in their natural state
Matters for Possible Exploration
•“Historic Public Use Trail” in settlement agreement
-Specific trail uses, such as off-leash dog use, were not
contemplated or discussed during settlement negotiations
-Staff understood this term to simply describe the public’s
use of a segment of the Village H property as a trail
Existing Regulations, Plan and Programs
•The above will apply to Village H upon recording deed:
-Dogs will not be allowed off-leash along the trail(s)
-Dogs will not be allowed in the balance of the property
-Dogs off-leash within the open space will be subject to a planning
and permitting process, consistent with a dog park
Matters for Possible Exploration
•Off-Leash Dog Park Discussions:
-Staff has met with a few members of the public who have
expressed an interest in the future of this property
-Meetings included discussions about potential consideration
of an off-leash dog park at the southern section
Off-Leash Dog Park
•Square Configuration:
-A “square” configured dog park
could be considered, largely within
the 3.8 acre portion of the property
formerly designated CF, which is
already rough graded
Off-Leash Dog Park
•Linear Configuration:
-A “linear” configured dog park
could be considered, within the
open space adjacent to the existing
trail -but not within the preserve
Off-Leash Dog Park
•Exploration and Planning and Permitting:
-These configurations could be explored further during
the proposed public outreach and involvement process
-Poinsettia Community Park offers a recent comparison
of an off-leash dog park planning and permitting effort
Options for Consideration
•A. Action Directed by the City Council on Jan. 8, 2019
1.Open the trail as soon as practical upon completion of the
remedial work, under the existing citywide trails use regs.
2.Seek input from the community on potential recreational
amenities, including but not limited to amenities involving
dogs, upon recording of the property’s deed
Options for Consideration
•B. Action Recommended by Staff on Jan. 8, 2019
1.Open the trail as soon as practical upon completion of the
remedial work, under the existing citywide trails use regs.
2.Seek input from the community on potential recreational
amenities, including but not limited to amenities involving
dogs, in the fall as part of department’s master plan update
Options for Consideration
•C. Bypass community input and pursue a dog park
1.Open the trail as soon as practical upon completion of the
remedial work, under the existing citywide trails use regs.
2.Bypass community input on potential recreational amenities
3.Initiate a planning and permitting effort for a dog park like
the effort currently in progress at Poinsettia Community Park
Recommended Action
•Receive a report on the status of the Village H
property in the Calavera Hills neighborhood and
provide direction as applicable
Questions and Answers
Status of the Village H Property
in Calavera Hills
Poinsettia Community Park Dog Park
•Exploration:
-On Sept. 12, 2017, the City Council directed staff to
explore locating an off-leash dog park at the segment of
Poinsettia Community Park which was initially
envisioned for a multigenerational recreation center
Poinsettia Community Park Dog Park
•Exploration:
-On Feb. 13, 2018, staff provided the City Council with the
results of the public input received and the advisement of
the Parks & Recreation Commission on this concept. In
response, the City Council directed staff to continue pursuit
Poinsettia Community Park Dog Park
•Planning and Permitting:
-Since that date, staff worked with a design firm to refine the
schematic plans, developed a Capital Improvement Program
project, received an allocation of funding to proceed, and
submitted an extensive application for an amendment to
Poinsettia Community Park’s existing conditional use permit
Poinsettia Community Park Dog Park
•Planning and Permitting:
-Presuming the amendment to the conditional use permit is
approved, staff will next process an amendment to the
community park’s master plan, and then commence with
the preparation of construction documents