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HomeMy WebLinkAbout1990-01-15; Parks & Recreation Commission; MinutesMeeting of: Date of Meeting: Time of Meeting: Place of Meeting: MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 5:00 p.m. r.ity r.nunril f.hamhoi-<;COMMISSIONERS CALL TO ORDER: Chairperson Welshons called the meeting to order at 5:03 p.m. ROLL CALL: Present: Chairperson Welshons, Commissioners Castner, Knox, Lawson, Ward, and Strayer Absent: Commissioner Dahlquist-Bursvold STAFF PRESENT: David Bradstreet, Director of Parks and Recreation Keith Beverly, Senior Management Analyst Lynn Chase, Recreation Superintendent Doug Duncanson, Park Superintendent APPROVAL OF MINUTES: No action was taken on the minutes of the December 18, 1989 meeting due to difficulties in the transcription of the meeting. APPROVAL OF SCRIBE REPORT Commissioner Strayer made a Motion to accept the December Scribe report. Motion passed with Commission Knox abstaining. APPOINT SCRIBE: Commissioner Lawson was appointed Scribe for the January meeting. PUBLIC OPEN FORUM: None. PRESENTATIONS: None. APPROVAL OF AGENDA: The Parks and Recreation Commission accepted the Agenda as presented. Motion was made by Commissioner Castner and passed unanimously. CONSENT CALENDAR: The Parks and Recreation Commission accepted the Consent Calendar minus AB #190-2 CARLSBAD JOURNAL NEWS ARTICLE. Motion was made by Commissioner Castner and passed unanimously. Motion as follows: 1. AB #190-1 DIRECTOR'S REPORT. Parks and Recreation Commission accepted and filed the Director's Report for December/January 1990. Oil Welshons Ward Castner Knox Lawson Strayer Welshons Ward Castner Knox Lawson Strayer Welshons Ward Castner Knox Lawson Strayer MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 Page 2 COMMISSIONERS 2. AB #190-3 COMMISSION WORKSHOP. The Parks and Recreation Commission reviewed and filed information on the Recreation Commission Workshop to be held Saturday, February 3, 1990 at 9:00 a.m. at the Carlsbad Senior Center. AB f!90-4 C.P.R.S. AWARDS AND INSTALLATION BANQUET. The Parks and Recreation Commission reviewed information on the annual Awards and Installation Banquet to be held at the Brengle Senior Center, 1400 Vale Terrace Drive in Vista on February 2, 1990 at 6:00 p.m. AB #190-2 CARLSBAD JOURNAL NEWS ARTICLE. Commissioner Castner stated he was amazed how two reporters in the same room could get a story so different. He felt one was absolutely correct and one completely wrong. Castner said the Commission decided that as far as the recreation programs in Carlsbad there would be no change for the time being. He went on to say the matter was referred to the staff to find out if we have problems and where and where they are, to bring it back to the Commission who would then appoint a Sub- committee to study it. Commissioner Castner also stated that any Commissionmember has a right to voice his or her opinion to the press, but he felt that in doing so the Commissioner should make it clear they are speaking for themselves and not the Commission, unless there has been a consensus ona problem. Commissioner Knox felt the same as Commissioner Castner saying that in accepting and filing the letter to the editor and the comments about the issue she felt it needed to come for approval prior to going out endorsed by the entire Commission. Commissioner Strayer stated he also took exception to the article because of the vast difference between the two articles. He stated he did agree with what Shirley Dahlquist said in the letter. Commissioner Knox made a motion to accept and file the Consent item. Motion passed unanimously. PUBLIC HEARINGS: None 012 Welshons Ward Castner (nox .awson Strayer MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 Page 3 COMMISSIONERS DEPARTMENTAL REPORTS: 5. AB #190-5 TO REVIEW THE NEWSPAPER RECYCLING DROP OFF AT SPINNAKER HILL. Chairperson Welshons gave a brief description of the Agenda Bill, saying that on September 19, 1988 the Parks and Recreation Commission gave conditional approval to the Spinnaker Hill Home Owners Association to establish a newspaper recycling drop off point on City owned property. Welshons went on to say that Condition No. 4 which is to review and evaluate the results of this experimental program, and then the Commission will make recommendations with respect to the continued operation of the Spinnaker Hill Home Owners Association newspaper recycling operation. Commissioner Ward stated that Spinnaker Hill was her neighborhood and that she used the newspaper recycling bins. Ward stated she didn't feel she had a problem being objective, but if the other Commissioners or the public had a problem with it she would abstain. There were no objections. Staff member, Mr. Keith Beverly gave a report to the Commission he said that the proceeds from the newspaper recycling bins were to be used to support community beautification efforts and provide additional maintenance to City owned open-space property adjacent to the Spinnaker Hill Development. Beverly stated that the conditions set by the Parks and Recreation Commission of the of the newspaper recycling bins were; 1. The receptacle is to well screened. 2. All litter is to be maintained around the area. 3. Recycling is to be restricted to residential area homeowner's newspapers only. 4. The process be subject to a trial review period of six months. Beverly said that while the recycling effort appears to be a good concept in benefiting the community and the overall effect of the recycling upon the environment the issue has also sparked neighborhood controversy lightly. Some of the concerns from residents include trash associated with the location of the recycling bins, some noise that has been generated and concerns over the disposition of funds. Beverly went on to say that upon hearing those concerns, staff contacted the City Attorney's Office. Although the City Attorney has not had a chance to provide a formal, written opinion he did express some concerns over the issue and he will be forwarding a formal opinion. Beverly said another item that needed considered is the City's Pilot Recycling Program currently underway in portions of Carlsbad. Upon evaluation of this trial recycling period the City may wish to utilize it on a City wide basis. The evaluation of this program is expected to come before the Council in the next two to three months. With regards to these issues, staff prepared several alternatives, however any of these alternatives should consider the formal opinion from the City Attorney which will be forth coming at the next Commission meeting. Commissioner Castner asked if there was a legitiment Home Owner's Association? Mr. Dave Bradstreet clarified this was a Home Owner's group. U13 MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 Page 4 COMMISSIONERS DEPARTMENTAL REPORTS: (Continued) Commission Strayer asked if the proceeds from the City's Pilot Recycling program were generated to the City or are they just to continue the recycling program by the recyclers. Mr. Bradstreet said that staff did not have an answer at this time, saying it was being handled by the Utilities & Maintenance Department and as soon as they come forward with a plan, staff would be able to answer the question. Commission Lawson asked of the five alternatives listedwas there any consideration to departmental policy on this subject matter? Lawson stated that this might need to be held off until there is some type of specific policy. Mr. Beverly answered that a policy had not been discussed by staff because staff does not know what the outcome of that project is. If and when the ordinance comes before the Council and is adopted then it would be time to establish a policy regarding that. Mr. Bradstreet said that this has been handled on a case by case basis. Commissioner Ward stated she thought the City was getting very close to looking at a recycling program and setting policies and that it shouldn't be too long. Chairperson Welshons opened the meeting to receive public testimony. Don Conners, 921 Begonia Court, a Spinnaker Hill resident was the first to address the Council on this issue. He stated he was representing he believed the majority of Spinnaker Hill residents based on the survey they just took and several of them had yielded their time so that he may speak on their behalf. Conners said what is now the Home Owner's Group has never been or claimed to be an association therefore never had or claimed to have any rights or legal authority to do anything. He said it is a voluntary grouping of residents to improve Spinnaker Hill. He stated it has always been a public organization, people have always been invited to attend. The money collected from private donations have always been available and announced at the meetings. Conners said the funds are used only for the reimbursement of actual expenses, they are not paid to any individual - nobody provides a service for a fee. Mr. Conners then commented on the letter the Commission received from Mrs. Rahn, saying that in November the Home Owners Group did voluntarily provide to Parks and Recreation a status report with photographs. He went on to say that the letter claimed there was an association which he already discussed and denies completely. He also stated the dumpsters for the newspapers were designed by Coast Waste Management specifically - trash dumpsters are painted green, newspaper dumpsters are painted white. He said they were efficient and looked neat. Conners said the City did not initiate the Spinnaker Hill recycling program, they were aware there was a test program going on and they were ready to participate. Conners stated the site was selected U14 MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 Page 5 COMMISSIONERS DEPARTMENTAL REPORTS: (Continued) carefully because it was very convenient to the residents Conners said there was a safety factor involved and made sure there was lots of space for the people to turn around and that the site be maintained. Conners felt that it has been maintained quite well. Conners then addressed the noise issue, and stated they have received no complaints in regards to this issue. Conners went on to say that one of the things he felt very strongly about was the claim in the letter that the Home Owner's Group is perpetuating fraud. Conners said he certainly wasn't aware of any fraud, the funds are all open and above board, the meetings are open, there no legal or criminal case of fraud implied. Conners stated that the Home Owners Group has continually asked for comments from the residents on how to use this money. Conners then gave a brief overview of the results thus far of the survey prepared by the Home Owners Group. Of the 336 residents the results were based on 90+ responses thus received. Conners concluded by saying the Home Owners Group voluntarily came together to improve and maintain the Spinnaker Hill community. Commissioner Knox asked if the need is what has brought this to four bins rather than the original one. Connors stated that yes, and that the four bins are maxed out. Commissioner Knox then asked if the Home Owner's Groupwas seeking legal status? Connors said it had been approached with Standard Pacific and they say they want to maintain the legal control and maintain the CC&R's. Commissioner Knox stated that even as a Home Owner's Group they could still attain legal, non-profit, status. She asked if the group had entertained that idea? Conners replied that yes they had, however they had found in talking with the residents that most of them like not to have a tight, Home Owner's Association. They like the freedom. Kathleen Rahn, 920 Begonia Court, addressed the Commission regarding the Spinnaker Hill Newspaper Recycling Drop Off. Rahn began by submitting a petition to the Commission signed by Spinnaker Hill residents for the removal of the newspaper bins on Batiquitos. Rahn stated that there were concerns about the newspaper bins and the disposition of funds derived from City land. Rahn said she felt the bins were a definite detraction from the area. Rahn felt they were perpetuating fraud by calling 015 MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 Page 6 COMMISSIONERS DEPARTMENTAL REPORTS: (Continued) themselves an Association when in fact they weren't. Rahn went on by saying they were not legal representatives of the Spinnaker Hill Homeowners, but rather a group of private citizens using public property to earn income. Rahn said she wondered if the bins remained if the residents would be given a chance to recycle at curbside. According to City staff, Rahn said, they would not. She said she felt residents would prefer to have their papers picked up at curb side rather than down on Batiquitos. Rahn felt the appearance of Carlsbad might be damaged if the City allowed the Spinnaker Hill and other housing development to use bins. She felt there were alternate ways of fund raising to fix up the park area rather than using the monies derived from thebins. Commissioner Castner asked how often the bins were emptied. Rahn said she believed once a week. Commissioner Strayer said many of the names listed on the petition were on Begonia. Strayer asked if this was due to the noise. Rahn stated that no, it was not the noise, but they were people who lived close to her and that she knew. Commissioner Lawson asked if she had been involved in any of the Home Owner Group meetings in the past? Rahn said she went to one meeting. Commissioner Knox commented on the petition saying that many of the names were duplicated addresses so the numbers do not reflect residences. Arden Miller, 913 Begonia Court, then addressed the Council in opposition of the newspaper drop off in Spinnaker Hill. Miller express his concerns by saying that if somebody were to get hurt by these bins who isresponsible - the Homeowners Group, the City, or the trash bin people. Miller then expressed his concern about the Home Owners Group, by saying they do call themselves an Association, they have no legal identity, the names of the officers are not posted, they have no accountability, the monies are deposited in an individual accounts and are not used to better the youth activities as he felt Parks and Recreation money went for. He felt that if the City allowed them to keep the bins there, then the City must make them become a chartered member by legalizing their organization, by making them incorporate, getting the proper liability and be held accountable if anybody is hurt or if anything happens on that site. Chairperson Welshons asked staff to address the points regarding the liability issues. Mr. Bradstreet addressed the liability issue by saying that at the times the bins were put in the Risk Manager said there was not a liability risk at that time. However, Mr. Bradstreet added that on any public land or 016 MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 Page 7 COMMISSIONERS DEPARTMENTAL REPORTS: (Continued) any private land a liability issue. Bradstreet said he felt the attorney should give an opinion on the situation. Gary Williams, 943 Daisy Avenue, a resident of Spinnaker Hill for five years, was also in favor of the newspaper recycling drop off. He addressed the issue of an Association versus a Homeowners Group, saying that the intent was a simple Group that would provide information to the Homeowners and to be able to generate monies for the beautification of Spinnaker Hill. Russ Hanthorn, 949 Jasmine Court, spoke in favor of the newspaper recycling drop off in Spinnaker Hill. He said he supported the group who wanted to keep the area clean and looking nice. Ed Scarpelli, 929 Orchid Way, told the Commission he had lived in Spinnaker Hill for eleven years and was a supporter of the Homeowners group whose main objective was the beautification of Spinnaker Hill. He said the group was started because there was a need to protect the interest of the homeowners to make sure it maintained a neighborhood environment. iiim Castner began the Commission's discussion by saying that although there is a need for four bins he felt that it did not mean the majority of the people want it. He went on to say that when funds are involved eventually there is trouble if you don't have strict controls. He felt the Spinnaker Hill Group needs a set of by-laws and strict accountability which has to be audited occasionally. Dr. Castner didn't feel the Commission could make a decision tonight because of lack of knowledge as to what the City was going to do about the recycling program. He said he would also want every home in Spinnaker Hill polled to see how they feel about it. He felt action should be deferred until the City decides about the recycling program. Commissioner Knox agree with option number one, to hold in abeyance any recommendation concerning this issue pending the evaluation and eventual outcome of the City's pilot recycling program. Knox went on to say that she did support what the Home Owner's Group has done in regards to trying to keep the area maintained, however, she did have some concern about the money. She also said she was impressed by the cleanliness of the bin area in Spinnaker Hill. Knox concluded by saying she would endorse option number one as long as the City is not liable and she also recommended to the group that they do seek some sort of formalization, not with the position to enforce C.C. and R's but to be a group that socializes together, that sends a news letter, and that can collect these funds. Commissioner Lawson also agreed with the other Commissioners, however he was concerned about getting involved in Homeowners problems. He felt the Commission should not be involved in these types of problems. Lawson also felt policies and procedures were needed on using park acreage. U17 MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 Page 8 COMMISSIONERS DEPARTMENTAL REPORTS: (Continued) Commissioner Ward was concerned about the number of bins because it is a classified scenic roadway. However, Ward recognizes the need to recycle. She also felt that when the City's recycling program goes into effect that the homeowners should be allowed to have curbside recycling. She felt that the existing programs does need to be monitored and that for the most part it is clean and neat. Ward went on to say that she would like to see what the City Attorney has to say in regards to the liability, and felt she couldn't make a decision until that time. Commissioner Strayer stated he felt trash shouldn't be bringing neighbors into conflict. Strayer went on to say that Homeowner's groups are great if they are effective but if they cause tension they are not good for the neighborhood. Strayer felt if a City wide recycling ordinance is adopted, Spinnaker Hill should discontinue use of City property for use as a drop off site. After further discussion the Commission unanimously approved the motion made by Chairperson Welshons with a subsidiary motion made by Commissioner Castner to continue the existing program as is (subject to periodic review), and to hold in abeyance any recommendation concerning this issue, pending the evaluation and eventual outcome of the City's pilot recycle program and recommendations from the City Attorney's office regardingthis issue. The Commission at this point adjourned for a period of five minutes. 6.AB 1190-6 ESTABLISHMENT OF CARRILLO RANCH TRUST Commissioner Welshons told the Commission that this agenda bill was originally scheduled to be discussed during the December meeting. However, Mrs. Kindle notified Mr. Bradstreet that she wished to withdraw the item from the agenda. Commissioner Strayer has requested that this item be placed back on the agenda for the Commission to review, discuss and take formal action on Mrs. Kindle's request which is to amend the Parks and Recreation Commission's Ordinance No. 2.36.090 to specifically acknowledge and create a Carrillo Ranch Trust Fund. Mr. Beverly, gave the staff's report and began by saying that staff received a request from Mrs. Joan Kindle, volunteer curator for the Carrillo Ranch to establish a Carrillo Ranch Trust. Mr. Beverly stated the Carrillo Ranch Trust is a trust in an effort to solicit the donation of funds and artifacts to be used in the restoration of the ranch property. Beverly, went on to say the request also included to amend the Parks andRecreation Commission's Ordinance to specifically acknowledge and create a Carrillo Ranch Trust fund. Staff commended Mrs. Kindle for her efforts but felt a trust such as this may be premature at this time due to not having an approved general plan for the Carrillo Ranch. Beverly added that staff currently has the ability to establish a Carrillo Ranch Trust account 018 Welshons Ward Castner Knox Lawson Strayer MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 Page 9 COMMISSIONERS DEPARTMENTAL REPORTS: (Continued) of Carrillo Ranch would be deposited into an account setup by the Parks and Recreation Staff for use by Carrillo Ranch. Beverly went on to say that funds donated over the amount of $500 would have to go before the City Council to be accepted and funds under $500 could be accepted by the City Manager. For large donations such as furniture, Beverly said they should be handled on a case by case basis because they may prejudice any master plan for the ranch and create storage facility concerns such as the price for storing. Beverly said staff's recommendation would be for Mrs. Kindle to continue with her curator duties and collect small size memorabilia and that if the Commission desires, consider establishing administratively a Carrillo Ranch Trust account. Commissioner Castner asked how much money the City was spending on reinforcing the structures. Staff determined approximated $400,000 would be spent. Commissioner Castner then asked if the fact that we werespending $400,000 if that did not already set the tone of what is going to be done. Mr. Bradstreet replied that there are some requirements for the expenditure of the grant funds that the City maintain the historical significance of those structures. Mr. Bradstreet said to a certain degree the tone was set for restoring the building but not for what type of a program the City would want to have in the facility. Commissioner Lawson asked if there ws intention of having a master plan. Staff responded that the total budget set aside in the CIP of 2 million dollars scheduled between 1994 through 1999. Mr. Bradstreet said that in 1992 to 1993 we will get the planning money, approximately $200,000 to be used to create the plan. Once the plan has been created, then wait for the money to become available to do the improvements, scheduled between 1994 and 1999. Commissioner Welshons asked for clarification on what Mrs. Kindle was asking for and what the staff was saying could be done administratively. Staff clarified Commissioner Welshons question by saying that Mrs. Kindle was asking for a change in the municipal code to specifically identify the Carrillo Ranch as a recipient and for Council to adopt an ordinance specifically for the Carrillo Ranch. Staff is saying that within the department and with the Finance Department has the ability to establish a Carrillo Trust in the City bank book without establishing an ordinance. According to staff, Mrs. Kindle feels that changing the City ordinance would have more of a "bite" to her proposal. Mrs. Joan Kindle, 2262 El Aguila Lane addressed the Council on the creation of a Carrillo Ranch Trust. Mrs. Kindle said she felt we must give donors of artifacts and cash stronger reassurances that these gifts will be used as intended. She went on to say that there wan an PARKS AND RECREA MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 Page 10 COMMISSIONERS DEPARTMENTAL REPORTS: (Continued) abundance of money available to assist in the restoration of Carrillo Ranch and she was willing to go after it but needs the support and the tools. Mrs. Kindle stated she felt the Agenda Bill as written will prove ineffective as it does not reflect a firm statement of the ultimate intentions of the City. Mrs. Kindle went on to explain about the draft brochure which she felt would serve as a starting point for a finished document she could use in making the rounds of those with money. Public testimony was then closed. Commissioner Lawson asked Commissioner Strayer if there was something specifically he was trying to achieve in bringing this Agenda Bill before the Commission. Commissioner Strayer responded by saying that there was a difference of opinion between Mrs. Kindle, our volunteer and what our staff had in mind, and he felt the issue was big enough in this City that it was worthy of this Commission having discussion and hearing the issue. He went on to say that he holds in the highest esteem anyone who volunteers their time, and he hates to see a volunteer without a tool that they need to operate. Commissioner Ward stated she did not feel donors would be any more willing to donate with the trust than without since there is no masterplan. Ward said she was willing to support the staff position at this time. Commissioner Castner also supported staff's position. Commissioner Knox supported staff's position adding that she would like to add to the existing policy a recommendation. She felt that the Historical Preservation Commission and/or a sub-committee of that Commission needs to meet with Mrs. Kindle and with a sub- committee of the Parks and Recreation Committee to review the existing time line for Carrillo Ranch. Commissioner Knox then made a motion to administratively establish a Carrillo Ranch account through the Finance Department and form a sub-committee of the Historic Preservation Commission and the Parks and Recreation Commission meet with Mrs. Kindle for further discussion of Leo Carrillo time line for planning. Commissioner Ward seconded the motion. The motion passed with Commissioner Strayer being the minority vote saying he was concerned that the use of the Carrillo Ranch has been prejudiced by the acceptance of funds from the State office of Historic Preservation and the Commissions naming Mrs. Kindle as Curator. Strayer felt the request would have given Mrs. Kindle the tool she needed to aid her in being the volunteer Curator. 020 Welshons Ward Castner Knox Lawson Strayer MINUTES PARKS AND RECREATION COMMISSION January 15, 1990 Page 11 COMMISSIONERS DEPARTMENTAL REPORTS: (Continued) 7. AB 1 190-7 APPOINTMENT OF PARKS AND RECREATION COMMISSION SUB-COMMITTEE/OPEN SPACE ISSUES. Chairperson Welshons began by saying the City Council has adopted a work plan to study open space issues. The Parks and Recreation Commission has been asked to appoint three members who will serve with the open space sub- committee and work on phase one of the work plan. However, before proceeding with the appointments, staff gave a brief presentation and also discussed the Carlsbad Journal newsarticle of December 15, 1989 - Trail Network Plan Study. Commissioners David Castner, Anna Knox, and Tony Lawson 1 were appoint to assist with the work plan for considering the recommendations of the report form the citizens committee to study open space. COMMITTEE REPORTS: None SCRIBE REPORT: Commissioner Lawson gave the Scribe report. ADJOURNMENT: By proper motion, made by Commissioner Knox, the Meeting of January 15, 1990 was adjourned at 7:45 p.m. to the Bringle Terrace Senior Center on February 2, 1990 for an awards and installation banquet and adjourn to February 3, 1990 when the Commission will gather at the Carlsbad Senior Center for a Commission workshop followed by a tour of the Carrillo Ranch. rscSptCVN U.\V. u ou.brv\i Hc?<^, 021 jj^i c/^ Welshons Ward Castner Knox Lawson Strayer y.X X X X X X