HomeMy WebLinkAbout1990-03-19; Parks & Recreation Commission; 390-2; Spinnaker Hill Recycling BinsPARK & RECREATION COMMISSION - AGENDA BILL
ABtf 3^0-2-
MTQ. 3yiS|<4£
DEPT. pf &
TITLE:
SPINNAKER HILL RECYCLING BINS
DFPT. HD.
CITY ATTY
CITY MQR.
RECOMMENDED ACTION:
Staff recommends to conclude the current recycling program at Spinnaker
Hill within the next 30 days. Establish an account at a local nursery
with remaining funds from the recycling effort to be applied to community
beautification efforts at the City owned Spinnaker Hill landscape area.
ITEM EXPLANATION:
As of the writing of this agenda bill, the City Council is scheduled on
March 13, 1990, to address the Pilot Recycling Program which has been in
existence over the past several months. Staff recommendation as outlined
in the City Council agenda bill is to provide for the operation of a
citywide Curbside Recyclables Collection Program. If approved by
Council, the citywide program for curbside collection of recyclables for
single family dwelling units is anticipated to begin during the summer of
1990. Provisions for collection at multi-family, commercial and
industrial sites will be phased in at a later date.
As requested by the City Attorney and directed by the Parks and
Recreation Commission, staff has further investigated the current
operation of the recycling bins located on City property at Spinnaker
Hill. The Planning Department has indicated that continued operation of
the recycling bins at Spinnaker Hills would require the processing of a
Conditional Use Permit (C.U.P.). Essentially, a C.U.P. is a permit
allowing a land use which requires a special degree of control due to
either the unusual characteristics of that land use or the need to
achieve special purposes in certain districts. The CUP may impose
special conditions on the use, in addition to those normally required in
a particular zone, to ensure that it is compatible with other existing
and permitted uses in the area. C.U.P.'s are reviewed and acted upon by
the Planning Commission. Typically, the processing time required for
staff preparation, review, and implementation of a C.U.P. is six months.
After assessing the Spinnaker Hill recycling issue, in light of the
necessity of a C.U.P. for continued operation and in anticipation of
Council approval for implementation of a citywide recycling program,
staff is recommending to discontinue the present recycling program at
Spinnaker Hill. Staff has been in contact with representatives of the
Spinnaker Hill community to explain the current situation, and both
parties (pro and con) are in agreement to discontinue the'recycling
program within 30 days. Both parties and staff agree that a 30-day
period to end the program will allow ample time to inform residents that
the program is concluding, that a citywide Curbside Recycling Program is
being initiated and where additional recycling collection centers are
located should they wish to donate recyclables in the interim.
In addition, staff is recommending, and both parties have agreed that,
remaining funds collected from the recycling effort be applied to an
account at a local nursery, to be drawn upon when landscape supplies are
necessary to improve the appearance of the City owned Spinnaker Hill
.landscape area.
~ U18
PAGE 2, AB #.
FISCAL IMPACT:
Approximately $600-650 is anticipated to be applied to an account at
Brigg's Nursery for use at the City owned Spinnaker Hill landscape area.
Funds will be drawn from this account when landscape supplies for
community beautification efforts are appropriate.
EXHIBITS:
1. Parks and Recreation Commission agenda bill no. 190-5
2. Parks and Recreation Commission agenda bill no. 290-6
019
PARKS & RECREATION COMMISSION - AGENDA BILL
AB* 190-5
MTG. 1-15-90
DEPT. P&R
TITLE: REVIEW OF NEWSPAPER RECYCLING
DROP OFF AT SPINNAKER HILL
(ACTION)
DEPT. HD.
CITY ATTY
CITY MGR.
^v
RECOMMENDED ACTION:
Review staff report and attached Exhibits, regarding the Spinnaker Hill
newspaper recycling drop off, evaluate alternatives and recommend
appropriate action.
ITEM EXPLANATION
On August 25, 1988, the City Manager's office received a letter (Exhibit 1)
from the president of Spinnaker Hill Homeowner's Association to solicit
support and approval to provide a trial newspaper recycling drop off point
on City owned property. The proceeds from the recycling effort were
identified to be used to support community beautification efforts by
providing addition maintenance to the City owned open space property
adjacent to the Spinnaker Hill development.
Upon favorable response of this concept from the City Manager's Office
(Exhibit 2), the issue was presented to the Parks and Recreation Commission
on September 19, 1988. The Commission unanimously approved the request
(Exhibit 3) for placement of the recycling depository on City property with
the following conditions:
1. Receptacle is to be well screened.
2. All litter is to be maintained around the area.
3. Recycling is to be restricted to residential area
homeowners' newspapers only.
4. Subject to trial period review of six (6) months.
On November 6, 1989, the City Manager's Office received a follow-up report
from the president of Spinnaker Hill Homeowners Group (Exhibit 4). The
report outlines the progress and effectiveness of the recycling program to
date and also acknowledges appreciation and support from the parties
involved.
Although this item was approved in September 1988, actual operation of the
program did not begin immediately and consideration of the trial review
period is before the Commission this evening.
In further review of the trial period, while this recycling concept appears
to be a good idea in benefitting the community and overall recycling efforts
to aid the environment, the issue has recently sparked neighborhood
controversy.
Staff received several phone calls and written documentation in opposition
to the placement of "Trash Dumpster on Batiquitos Lane in Spinnaker Hill"
(Exhibit 5). In addition, the letter indicates concern of increased noise
and trash associated with the location of the recycle bins, as well as the
disposition of funds received from the recycle program.
Staff is currently awaiting a formal written opinion from the City
Attorney's office regarding concerns over the expenditure of funds derived
in part by use of City property. Although funds have been utilized by the
020 EXHIBIT 1
AB #
Page Two
Spinnaker Hill Homeowners for landscape projects within the open space area,
it has been acknowledged that funds have also been used for publication of
the "Spinnaker Hill Log", a monthly newsletter to homeowners.
In concluding the review of this issue, an item of information which may
bear relevance to this subject is the City's current pilot "Liberty
Recycling Program." The results of this experimental program will soon be
evaluated, and depending upon its effectiveness, an ordinance may be adopted
by the City Council which would provide a Citywide opportunity to
participate in this type of individual recycling program.
In determining any recommendation with respect to the continued operation
of the Spinnaker Hill recycling program, the Commission may wish to consider
the following alternatives:
1. Hold in abeyance any recommendation concerning this issue
pending the evaluation and eventual outcome of the City's
pilot recycle program.
2. If a Citywide recycling ordinance is adopted, discontinue use
of City property for use as drop off site.
3. If long term use of City property is recommended, consider
alternative sites.
4. Continue the existing program as is (subject to periodic
review).
5. Discontinue existing program on City property.
*Any and all recommendations forthcoming from the City Attorney's office
should be applied to any of the above alternatives.
FISCAL IMPACT
Details regarding the amount of funds collected from the recycling program
are provided in the attached Spinnaker Hill Log, dated January 1990 (Exhibit
6).
EXHIBITS
1. Letter to Ray Patchett from Spinnaker Hill H.O.A. (Audry Lyon,
President), dated 8-23-88
2. Letter to Audry Lyon from Frank Mannen, dated 8-26-88
3. Parks & Recreation Commission Agenda Bill No. 988-4, dated 9-19-88
4. Letter to Ray Patchett from Spinnaker Hill Homeowners (Audry Lyon,
President), dated 11-6-89
5. Letter to Keith Beverly from Kathleen Rahn, dated 12-17-89
6. Spinnaker Hill Log dated 1-90
SPINNAKER HILL HOMEOWNERS ASSOCIATION
915 Begonia Court
Carls bad. CA
August 2J,
Mr. Hay Patchott
City Manager, City of CeuTsbad
1200 Eirn Street, Carlsbad. CA 9200U
Dear Mr. Patchett:
At the recommendation of Mike Harrington. Planning Office, I
am writing- to you on bohalf of the residents of tho Spinnaker Hill
community in quadrant four. Although this explanation is somewhat
ions 1 have tried to put it in as few words as possible.
W'hon 53pinnaker Hill was developed, over 12 years ago the
buiider. Standard Pacific Corp. deeded to the City a precipitous strip
of lemd on the east side of Bataquitor; Drivo. This strip he-gins one-
half block south of Pointsettia Larie and continues down the hill to
the edge of the Lyman property, (see attached map) Over the
succeeding years the Spinnaker Hill "park1 lias not received much
care except from a concerned community homeowners group with the
support and cooperation of the city Parks and Recreation
Department. In an effort to improve the appearance of the entry to
Spinnaker Hill we have planted flowers and bushes, trimmed the
trees and watered the plantings. We understand that the City does
not have sufficient funds to provide extensive maintenance to this
"park1 so we are willing to contribute our time and money to
beautify the area.
In a search for funding to support our efforts wo have
discovered that Coast Waste Management can supply a three cubic
yard metal bin to contain old newspapers deposited by the residents
and provide a modest payment monthly which would support park
maintenance. Since there is no community property in Spinnaker
Hill, the only available space (4'x7') for the bin is on the east side
of Bataquitos Drive. Tho ideal location would be about 50 feet
south of the intersection of Bataquitoc and Daisy Lane, (see map and
photographs) At this location the container would be out of the
path of most of the Spinnaker Hill traffic and is at the widest
portion of Bataquitoo Drive for traffic safety.
-JO EXHIBIT 2
We propose to plau-- a lattice c<:reon around the container
pour a c;mtill concrete pad fur the base. Wu would enlist the
support of the residents to form em internal orsctnizettion <-»f our
school-age children to maintain the cleanliness of the area, mtuia^o
'ho fincUK ial books. and provide periodic reports to tin,- ».<_>miiiunily
through tho :iL'innsiker H.iU LOJJ. T lie t.--i mo nud .-^lulitiuiii; of u-jo of
tins rorjcn i »••-•'•,• »•'.•>• y.:lin,s CL'll'/c.'iJL.n point uill bo fully ox plained lu ^>Lir
i-ocidonf.s. It could ovi.-u provide a e.xarnplc which other communities
couicl fr^llovv.
Mr. Doug Duncaiv.oii of Pftrkc and Rocro^tiijii haj no ob j-.-«. tii^n
to ft trial program of uevcral nionths to joe if this pltui will wot k.
Wo colirit the support and approval of your office to allow us to
conduct a tried collection period to support our community
boauUfkciUon efforts. Wo would bo happy to place your favorable
response in th*- next S^jjQ.na.kei.' Hill Loj>. due out the first wet-.-k of
ijep tomb «:-r. \ .
Should you n<?c-d more «.l«3tails please- do not hesitate to call rne at
438-3050 or D<m Connors, Ways and Motins Committee at 931-0800.
Sincerely.
Audrey L.von.
President
Enclosures: photos, map
Copies I w/o encls): Robert German. Risk Manager
Mike Harrington, Planning Office
Doug Duncancon. Parks and Recreation
523
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1200 /I AVENUE W^L&m TELEPHONECARLodAO. CA 92008-1989
Office of the City Manager
August 26, 1988
Audrey Lyon, President
Spinnaker Hill Homeowners Association
915 Begonia Court
Carlsbad, CA 92009
Thank you for your letter of August 23, 1988 to City Manager Ray Patchett. Since
Mr. Patchett is away on vacation, I will take this opportunity to respond on his
behalf. Your proposal to recycle newspaper to provide funds for the maintenance
of the open space area along Batiquitos Drive is creative and commendable. The
City would *be happy to work with you to see if a trial program can be
impelemented.
I will have the Director of the City Parks and Recreation Department contact you
to follow up on your idea. This is possibly something the Parks and Recreation
Director would like to review with the Parks and Recreation Commission prior to
committing to a program. Thanks again for your letter.
Sincerely, Jf|
FRANK MANNEN
Assistant City Manager
saf
c: City Manager
Parks and Recreation Director
Utilities/Maintenance Director
Parks Superintendent
025 EXHIBIT 2
PARK & RECREATION COMMISSION - AGENDA BILL
AR« 988-U
MTG. 9/19/88
DEPT. P 6 R
TITLE: REQUEST TO PROVIDE NEWSPAPER
RECYCLIINC DROP OFF AT SPINNAKER
HILLS
DEPT HD
CITY ATTY
CITY MGR.
RECOMMENDED ACTION:
f~i"
Approve a request by the Spinnaker Hills Homeowner's
Association for the placement of a newspaper recycling
depository on City property.
ITEM EXPLANATION;
The Parks and Recreation Department has been approached by
Homeowner Representatives of the Spinnaker Hills Development
concerning a newspaper recycling program, with a drop off
point to be located on City property.
The Parks Division is responsible for the landscape
maintenance of this area and has received support from the
Homeowners Association to provide additional maintenance over
and above that which City forces can provide. The Association
has planted and maintained shrubs, ground cover and flowers.
They in fact provide the majority of the landscape maintenance
to the site.
The Parks and Recreation staff has reviewed this proposal and
is supportive of it with the following conditions:
1. Receptacle is to be well screened.
2. All litter is fifr be maintained around the area.
3. Recycling is to be restricted to residential area
homeowners' newspapers only. ^
4. Subject to trial period review of six (6) months.
EXHIBITS:
1. Letter - 8/26/88 to Audrey Lyon, from Frank Mannen
2. Letter - 8/23/88 to Ray Patchett, from Spinnaker Hills
HOA.
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026 EXHIBIT 3
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December 17, 1989
Mr. Keith Beverly
City of Carlsbad
Parks & Recreation
Carlsbad, California
RE: TRASH DUMPSTERS ON BATIQUITOS LANE - SPINNAKER HILL
Dear Mr. Beverly:
I am strongly opposed to the placement of trash dumpsters on
Batiquitos Lane in Spinnaker Hill. These tins are unsightly.
You can say they are for recycling, but they are all the same
ugly trash dumpsters. I realize that everyone across,the
state is going to be forced to recycle due to the land fill
problems. I don't think that means however that I have to see
dumpsters placed on the entrance street to my home.
When dumpsters are placed at grocery stores, shopping malls,
etc. they are not visible (usually placed behind a store) and
very often enclosed by a nice brick wall. The bins in Spinnaker
Hill are right up to the street; four big white bins. If the
city desires this type of recycling program, why not put a
recycling center at the Ralph's off Poinsettia or by the Fire
Station; a convenient location for all area residents.
I have heard the residents on Orchid (directly behind the bins)
complain of car noise from people dropping off papers and also
the noise when they empty the bins. One resident saw two
persons sleeping on top of the papers, not to mention garbage
dropped off at the site.
The group of fourteen or so residents who supposidly agreed to
pursue this bin endeavour (Spinnaker Hill Homeowners, Spinnaker
Hill Homeowners Association) are interested in the revenue the
papers generate. I believe this group is perpetrating fraud.
.1 have been a resident of Spinnaker Hill for over eleven years
and we have no homeowners association. We have no common area,
and we pay no dues. I have copies of the group published
Spinnaker Hill Log in which they call themselves "association".
Also, in checking with Coast Waste checks for the newspaper are
made out to Dianne Zalatowski, Treasurer, Spinnaker Hill H.O.A.
(Homeowners Association^
035 EXHIBIT 5
-2-
The word association would seem to bear the weight of a
majority of residents in agreement. This is not the case in
Spinnaker Hill. No one asked the residents: The bins were
placed there with no majority consent. I feel most of the
residents are not aware of the funds involved or where the
money is going. They just feel they are doing a good deed
by recycling.
I would like to see Spinnaker Hill adopt the Liberty Recycl-
ing program; now a pilot in areas of the city. With this
program the containers are put out on trash day, collected
and you don't have to look at them cluttering up the street,
as the current "bins do.
In checking with Phil Carter, Assistant City Manager, I was
told that the residents in Spinnaker Hill will probably not
be supplied with the bins for newspaper recycling since we
have the bins on Batiquitos. How are we to efficiently
participate in this program? Do you feel most residents will
be in favor of curbside recycling for plastic, glass and cans
leaving them to transport papers to Batiquitos. I don't
think the majority of residents would favor this if they
could have their papers picked up at curbside. I believe
the programs contradict each other and neither will be cost
efficient.
I question the needs of this group for funds. The area on
Batiquitos has lovely trees. I believe Standard Pacific
knew what they were doing by planting trees that require no
maintenance. How much does it cost to pull a few weeds and
sweep the sidewalk?
I refer to Spinnaker Hill Log dated June, 1989 - page #2
The SH Homeowners association receives a monthly check which
is used for printing the SH Log and beautification of the SH
park areas.
Was that the city's agreement with these people to pay for
printing this log? Perhaps the people out here can't afford
to pay for it themselves or maybe most residents would chose
not to receive this handy little guide of what we should and
should not do. I wonder how much the fifteen homeowners who
received letters from the Archetectural Committee -
Refer - Page 4 June, 1989 Spinnaker Hill Log - would contribute,
036
-3-
I am also concerned about the liability of city property?
Who is responsible if someone hurts themselves using the
paper bins or working in the Batiquitos park? The
homeowners group has no liability insurance, as most
homeowners associations must have. I would assume the
City of Carlsbad and/or Coast Waste will suffer the loss
in this instance.
The Spinnaker Hill C.C. & R.'s prohibit having a dumpster
in front of your home (Refer: Jerry Sacks, Standard Pacific
619-279-2042) I say the same guidlines should apply for the
entrance street to my home.
Sincerely,
Kathleen M. Rahn
920 Begonia
Carlsbad, Ca. 92009
619-438-5416
A-
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'; Sttt^.JL
Volume 4, Number 6 June, 1989
FIRE PREVENTION FLAMING (Low Cost Assurance)
The Carlsbad Fire Department advises that the Uniform Fire Code, Section 11.111
states:
"Chimneys used in conjunction with fireplaces or heating
appliances in which solid or liquid fuel is used, upon
any cabin, house, hotel, building or structure located
within 200 feet of any mountainous, brush-or-forest
covered land or land covered with flammable material,
shall be maintained with a spark arrester as required
for incinerators."
Section 11.105 states: "Incinerators shall be equipped
and maintained with a spark arrester constructed of iron,
heavy wire mesh, or other noncombustible material, with
openings not larger than 1/2 inch."
The shake roofs in Spinnaker Hill are 10-12 years old and are very dry. They
are highly combustible with the smallest spark. Igniters, such as fireplaces,
fireworks, etc, can and have caused fires in similar roofs. Spark arresters
may be purchased at most building supply stores or made from inexpensive hardware,
wire mesh. Home fire insurance policies should be checked to see if they require
local fire prevention codes to be met, as a condition to replacement.
MEDIATION SERVICE AVAILABLE TO HANDLE C.C. & R. DISPUTES
Any homeowner may sue another homeowner for a violation of a C.C. & R. In our
history very few lawsuits have been filed. This does not mean that few violations
have occurred, but rather that lawsuits are costly to both sides.
For'a limited time, any SH homeowner can take advantage of a mediation service
offered through "Community Associations Institute" (a nationwide organization) for
a fee of $25.00 to each party. Your mediator will be a licensed lawyer specializing
in California Real Estate Law. The mediator will not render a judgment, but will
explain the law to both sides and offer possible solutions. It_ is up to you and
-your•nieghb,or*to-use"the advice-to-reach a settlement. Ninety percent of the
disputes result in an out-of-court settlement. Both parties must agree to mediate.
If you think this service may be useful to you, please call Joe Reed, 438-356?.
038
June, 1989 Page Two
NEWSPAPER RECYCLING
The Spinnaker Hill newspaper recycling project is going well, thanks to the
support from our residents. It seems that we will be among the leaders in a
community-wide recycling program. We will begin a "beautification program" to
screen the bins and make the area more attractive,.^*'
For^new neighbor information, there are three (3T~whT£e"Tnewspaper™collection?
fbins' on the east side of Bataquitos Drive, downhill from Daisy lane. The
newspapersare picked up early each Saturday morning by the Liberty Recycling Co.
hly"l;hecl<rwh ietPl^s^Used'f or^pr in t ing
rid ' be aut if i ca t i on of "the SH park areas. REMINDER: Flease~push your
newspapersto the rear of the bin for maximum loading. THANKS for your help.
BATAQUITOS SHORES SPEAKS AGAIN
The residents on the south side of Begonia Court adjoining the new development
west of Aviara and south of SH and others were briefly informed by co-developer
John Thelan on the first development concept for the 41 acres. The same briefing
will be given to the Sea Cliff resident and the Southwest Carlsbad Coalition
representing over 3300 citizens.
Requirements of the city, state, and federal agencies regarding the lagoon boundary
limits and hillside constraints were identified. All construction will be north
and east of the line drawn from the concrete culvert at the end of Bataquitos Drive
through the south edge of the mound with eucalyptus trees. There will be 71 homes
built over thesite plus 4 custom lots at the northwest corner of Bataquitos Drive
and the SH boundary. Lots will average a minimum of 7300 sq. ft. with a starting
cost of approximately $^50,000.
The steeper hills on the east and west slopes will remain natural cover and only
the lower, non-vegetated slopes will be built upon. The high ridge south of SH
will be cut down and the cut and filled areas will be used for building sites. The
developers have promised not to obstruct the views of SH residents and intend to
keep the roofs a blending color. The homes will be mostly_two level (75%) and single
level (25%). Construction is scheduled to begin in April 1990.
Bataquitos Drive will be developed to its 75 Ft plus width with street lights, and
will meander to the lagoon preserving the view corridor. At this time, there is a
plan to provide 8-10 parking spaces near the waters edge, woutheast of the sewage
pumping station for lagoon visitors. Project internal streets will be primarily
cul-de-sacs. The project entrance and adjoining roadway will be carefully land-
scaped to provide an attractive and safe access for pedestrians and vehicles. The
developers are interested in working with Aviara and the city to improve the sparse
landscaping on the upper end of Bataquitos Drive and along the SH park to provide
an attractive entrance to all communities. The lagoon nature trail has not been
positively sited but will be within the 100 ft. buffer zone north of the yet-Lo-be
identified wetland boundary.
Attendees at the project briefing felt very encouraged that the intent of the
developers was to provide a high quality neighborhood which will be a valuable
additbn to the community and continue to work closely with abutting neighbors.
v -
039
June, 1989 Page Three
S.H. PARK CIEANUF - Jana Regan
I wish to express my sincere thanks to all the neighbors who helped with the
park clean-up on Saturday, April 8th. We really worked hard that .da^.. climbing
all over the hillside..ax%£ngT%fXlwa^^ entry
looks somewhat better, although'we'll'need to continue working to keep it in
good condition. Thanks again to: Alice and Don Connors, Jeff Regan, Ray Mitchell,
Mel Lyon, Tom O'Donnell, Jim Shortall, Allyson Doebereiner and Crystal, Dennis Geary
and Alvin Makita.
I£TTERS TO THE EDITOR - Architectural Committee, Jana Regan
Just because it's June, June, June...It's the time of year when many people repaint
the outside of their homes. This is so important, particularly here in Spinnaker,
as many of the homes need a new face.
Most people have been so busy fixing up the inside of their homes that they haven't
had the time or inclination to do anything about the exterior. The way your home
looks from the outside is extremely important. This "street" appearance creates a
first and lasting impression to those who come to visit as well as to prospective
buyers.
In talking with various realtors, their comments have led me to believe that we
could significantly raise values in this area if we would look to improving the
way our homes look from the street.
If you drive around the newer developments you will see that light-colored homes
are the trend today. Cremes, beiges, pastels and light grays. Developers have
gotten away from the darker colors and earthtones both inside and out. Your
home will look much larger painted a lighter color, particularly if you keep the
trim a shade or two lighter or darker. The contrast should be minimal. A marked
difference in the color of the trim can make your home appear smaller and in the
case of earth tones, serve to date it.
Koopsen's Paint Store on Elm Avenue in Carlsbad can be a big help to you with
color selections. In driving around the neighborhood, I have found some homes
which have been repainted tastefully. These homes have a clean, uncomplicated
look which flows, and the results are outstanding. Drive by these homes for
some great ideas: 901 Orchid Way (Model &0), 920 Orchid Way (Model 520), ?2l6
Wisteria (Model 5^0), 1011 Tulip Way (Model 530), 7219 Daffodil (Model 51Q)t and .
935 Begonia (Model 5^0). . • ' ' 7-?; > ••».»!'••* i
In our next Log we will try to include more homes that have been updated. My
home certainly needs help. My husband and I plan to repaint the trim a lighter
creme (instead of brown). We have already redone the garage door which made a
tremendous difference, and plan to install new entry doors. A new wooden window
will replace the aluminum one in the front. These changes will not be too expensive
and will transform our home. We feel that it will help to raise its value as well
as having "curb" appeal.
Go outside and take a look. If your home could use some help, drive by the houses
mentioned^ We could be one of the more expensive neighborhoods in this area because
of- our outstanding location, our appealing architecture, as well as our great sized
lots, but, we must look expensive to be expensive.
P.S. Please dont forget your landscaping, it is very important!!
n. . 0 o.
June, 1989 Page Four
RAINTREE GRILL AND BAR
The mid-July opening of the Raintree Grill and Bar on Avenida Encinas has been
announced by the owners; Economy Inns of America. They will feature California
style fresh fish, mesquite. broiled seafood, daily Southwest.specials, and other
moderately-priced foods I'!-'Breakfast, lunch and dinner will-be served. Sports
fans will view four TV sets in the spacious bar. There will be 2400 square feet
of floor space to serve 25-250 guests in the banquet area. Free parking will
accommodate 320 vehicles.
The Spinnaker Hills Homeowners Association would like to consider a dinner
party in~August for interested residents.More information will follow if
enough interest is indicated. Call Alice Connors if this appeals to you and
you would like to join your neighbors, at 931-0800.
TEN GOOD-NEIGHBORLY RULES TO LIVE BY
1. Thou shalt love thy neighbor, but not his wife, nor shall thou covet thy
neighbor's house, nor his car, nor any other thing he owneth,
2. Thou shaDt keep thy dog, thy stereo and H;hy lawn mower quiet while thy
neighbors sleepeth.
3. Thou shalt borrow from thy neighbors rarely and when thou dost, return
undamaged and without delay that which thou hast borrowed.
4. Thou shalt not allow thy pets or thy children to run amok, despoiling
thy neighbor's lawn, flower beds and fence.
5. Thou shalt keep thy lawn green, thy fence painted and thy driveway
uncluttered, even as thou shalt also keep thy vehicles in thy garage where
they belong.
_ 6. Thou shalt watch always for criminals and fires in thy neighborhood and
vuard they neighbor's house and property even as thine own.
7. Thou shalt not use thy home for any unsightly or illegal activity.
8. Thou shalt always stand ready to help thy neighbor in his hour of true
need even as he doth for thee.
9. Thou shalt not park thy camper, thy RV or thy boat or thy van in the street
where it blocketh thy neighbor's view and createth a safety hazard to all.
10. Thou shalt not hold wild parties or orgies that last until wee hours unless
thou dost invite thy neighbors, too.
ARCHITECTURAL COMMITTEE (Letters)
Out of the fifteen, twelve have already
respondedposit::vely~and have made some very nice home and garden upgrades.
We would like to express our thanks to these people.
GOOD NEIGHBORS ARE SPINNAKER HILL'S GREATEST ASSET.
041
li*-K^,
Spinnaker Hill Homeowners
* --• ry\ _x - j ^^
May 22, 1989
Mr. Gary Terjenian
922 Begonia Ct.
Carlsbad, CA. 92009
Dear Mr. Terjenian:
As a property owner in Spinnaker Hill, I am sure you
are aware of the escalation of property values in our
tract for the past few years.
In order for the homes to continue to increase in value
it is necessary that all homes be maintained in the best
possible condition and that the C.C. & R's be adherred to •
It has been brought to our attention that you are conducting
a business from your home.
We call your attention to C.C. & R. #3 which states in part.
" No part of the properties shall ever be used or caused to
be used or allowed or authorized in any way, directly or
indirectly, for any business, commercial, manufacturing,
mercantile, storing or vending, except Declarant etc."
We are also sending you a copy of BUSINESS LICENSE FOR
THE HOME, City of Carlsbad, Excerpt from Title 21, Section
21.10.010 (7) Sections (C), (D), (E) & (G).
We would appreciate your cooperation in this matter.
Sincerely,
toV*&j / ARCHITECTURAI/ COMMITTEE
AA^lH / Spinnaker Hill Homeowners
Carlsbad, Ca. 92009
042
Volume 5 Number i January 1990
SPECIAL NEW DECADE EDITION!
Spinnaker Hill is acknowledged throughout Carlsbad as one of
the finest and most desireable neighborhoods in which to live.
This reputation can be attributed to the vast majority of
residents who take pride in the appearance of their properties
and to the fine spirit of cooperation between neighbors. We
believe that Spinnaker Hill is a strong, vital, caring community
whose residents are willing to make it beautiful and a great
place to live.
THE HOMEOWNERS GROUP
The Spinnaker Hill Homeowners Group is composed of concerned
residents meeting and working together to make Spinnaker Hill a
desirable and friendly community. The Group does not have and
has never claimed any authority to enforce CC&Rs. It is
estimated that over 130 families have volunteered to participate
in community activities in the past four years. Each family
thinks and acts independently. Lively, open meetings attest to
this!
In 1986. 94 families became charter members of the Group.
Since then, additional residents have joined in the care and
improvement of the community. All Spinnaker Hill residents
(owners and renters) are members' of the Group and are always
invited to the meetings. Many residents have chosen not to
actively participate but do support community improvement goals.
At the November. 1989 Group meeting, a few residents
expressed dissenting viewpoints about a previous practice which
may have offended some persons. Their comments resulted in
termination of the practice. Traditionally. Americans have met
together to solve problems for the best interests of the
majority. This happens at Spinnaker Hill with the involvement
of sincere, thoughtful citizens.
043 EXHIBIT 6
HILL O!F>EN
The Spinnaker Hill open space along Daisy Lane and
Bataquitos Drive is NOT recognized as a park by the City. There
is NO budget for its maintenance. Since it was dedicated to the
City by the developer, it has been maintained by numerous
concerned Spinnaker Hill residents (with some help from the Parks
and Recreation Department). Many, many hours and personal funds
have been donated by residents to keep the area neat, plant
flowers, repair plumbing, pull weeds, pick up trash, paint the
sign, install and maintain the donated lights, trim the trees and
bushes, and sweep the sidewalks. Volunteer members, with their
own money have patched the broken places and painted out graffiti
on the wall on the west side of Bataquitos Drive.
Designs are now being prepared by the Brocato developer,
with City approval, to provide a landscape plan to enhance the
entrances to Spinnaker Hill. Most of the revenue from the
newspaper collection is being reserved to directly support this
plan.(Please see the DEC/JAN 90 Log for more details) These
activities have been organized and implemented by the Homeowners
Group with generous, active support from MANY residents.
SPINNAKER. HILL LOG
The Log has been published by the Homeowners Group since
1986 as a way of bringing information to residents about the
community. It is informative, timely, and always available to
neighbors for their comments and news items.
The Log encourages residents to maintain the appearance of
their property so that Spinnaker Hill will remain an attractive
and desireable community. The new paint, new landscaping, and
remodeling is testimony to the voluntary improvements made by
residents. The value of Spinnaker Hill homes, our single biggest
investment, has risen dramatically.
The Log informs the community about local events, traffic
concerns, building development. Neighborhood Watch, open space
maintenance, social events, restaurant experiences, baby-sitters,
service resources, etc. The Log requestes news contributions
from residents and is a publication for and by the residents.
Numerous articles describe ways which residents can improve the
security and safety of their homes and the appearance and value
of their properties with paint and plants.
044
There is a cost to publishing the Log! ! ! The pr int ing of
310 copies for all residences and absentee homeowners IS THE ONLY
ACTUAL EXPENSE. The many, many hours needed to collect
information, prepare copy, obtain the most cost-effective
printing, and distribute copies are all contributed by community-
minded Spinnaker Hill volunteers- without cost. Depending on the
number of pages for each issue, the printing costs have run as
high as 357.00 per issue. Records for this expense are
maintained by the Group Treasurer and are available for viewing
by any resident.
In the past, several generous residents have provided
funding or printing services as their contribution to community
involvement. These sources have been appreciated but overtaxed.
Since there have not been other funding resources from the
community, alternative sources have been considered i.e.:
voluntary contributions, residence dues, bake sales, aluminum can
recycling, and newspaper recycling.
Newspaper collection for recycling had the most promising
future as a funding source. The advantages were:
1. Voluntary
2. Desirable recycling
3. Convenient
4. Environmentally safe
5. Little resident work
6. Steady revenue
7. Provides income for:
a. Plants, maintenance for open space areas
b. Spinnaker Hill Log printing
Newspaper collection was discussed with Park and Recreation
officials in July, 1988 and approved in concept. An announcement
was made in the August, 1988 Log requesting resident comments
about the proposed project. No negative comments were received!
In October, 1988 the Mayor, Council members, City Manager, Parks
and Recreation, plus other staff approved the project. The City
Facilities and Maintenance Department advised that the project
would not conflict with future city-wide recycling.
Between October 1988 and November 1989 159.017 pounds of
newspapers (equal to 1,360 trees) were collected and recycled.
Revenue of $803.40 has been received. Material expenses for
plantings, sign lighting, sprinklers, lattice, etc. were incurred
and reimbursed. These figures are reported to Spinnaker Hill
residents at open, monthly meetings and are available to
residents.
Many hours of labor have been contributed by neighbors to
make the newspaper recycling project successful and keep it
going. It continues to be a showpiece for other Carlsbad
communities and an example of community initiative and pride.
While no count has been taken, it is believed that a majority of
Spinnaker Hill residents are enthusiastic contributors.
045
NEWSIRAFER RECYCLING IN
A few residents are circulating a petition in Spinnaker Hill
to eliminate the newspaper collection bins and stop the money
needed to maintain Spinnaker Hill open space and publish the Log.
Claims in the petition are misleading or untrue.
CITY REVIEWS COLLECTION
Carlsbad Park and Recreation Department will hold a public
review of the newspaper collection program on Monday, January 15
at 5:00 P.M. in the city council chambers, 1200 Elm Avenue. Your
presence at this public meeting is invited. Please take a few
minutes to complete and return the attached survey so that your
interests can be represented.
YOU CAN MAKE THE DIFFERENCE
(cut here)
RESIDENT INTEREST SURVEY
1. I support a neighborhood improvement group.
Yes No Comments
2. I am willing to participate in a neighborhood group.
Yes No Comments
3. I support a neighborhood information newsletter.
Yes No Comments
4. I support the neighborhood newspaper recycling program.
Yes No Comments
5. I am willing to make a small annual donation for open space
improvement and a newsletter.
Yes No Comments
Name(s ) :
Address: . Home phone:
BEFORE January 14 PLEASE RETURN TO:
Don Connors, 921 Begonia Court 931-0800
~ 046
PARK & RECREATION COMMISSION - AGENDA BILL
AR*zno-t-
MTQ£-2-k"c|0
DEPT. -Ps: V_
TITLE:
SPINNAKER HILL RECYCLE BINS
(ACTION)
DEPT. HD.
PITY ATTY
CITY MGR.
RECOMMENDED ACTION:
Defer any recommendation regarding this issue until further staff input
can be made available for consideration by the City Attorney.
ITEM EXPLANATION:
Subsequent to the Commission recommendation regarding this issue during
the January meeting, staff prepared a memorandum to the City Attorney
requesting a formal opinion with regards to the location/operation of the
recycling bins at Spinnaker Hill (Exhibit No. 1). The City Attorney
responded to this request for legal opinion on Spinnaker Hill's newspaper
bins (Exhibit No. 2). In essence, the City Attorney is requesting
additional information from various departments which would also bear
relevance to this case. Staff is in the process of requesting other
departmental input to this issue and will return to the Commission once
appropriate documentation is made.
EXHIBITS:
1. Memo to City Attorney from Parks and Recreation Director, Jan. 16,
1990
zo
HJU
zo
COCO 047
ou
January 16, 1990
TO: CITY ATTORNEY
FROM: Parks and Recreation Director
RECYCLING NEWSPAPER DROP OFF - SPINNAKER HILL
As a result of the telephone conversation with Ron Ball concerning use of City
owned property at Spinnaker Hill to provide a newspaper recycling drop off point
for area homeowners, I am requesting a formal opinion from your office regarding
this issue. Attached is documentation which will provide you with a history of
the matter.
The Parks and Recreation Commission will be addressing this issue at the January
meeting. Upon receipt of your recommendation, this matter will once again be
presented for discussion and action at a future Commission meeting.
Items of particular interest would include opinions relating to:
Disposition of funds derived in part by use of City property,
Liability issues,
Legal issues as they relate to "Homeowners' Group" versus
"Homeowners' Association,"
Continued use of this type of program if and when a Citywide
recycling ordinance is adopted.
Thank you for your assistance, and if I can provide you with further information,
please feel free to contact me at extension 2827.
DAVID BRADSTREET
Attachment:
Parks and Recreation Commission Agenda Bill #190-5
dm
c: "Parks and Recreation Senior Management Analyst
Assistant City Manager
048 EXHIBIT 1