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.
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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.
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