HomeMy WebLinkAbout2009-12-22; City Council; 20083; Amendment to Carlsbad Municipal Code Chapters 2.36 Regarding Parks and Recreation Commission Duties and and 11.12 Parks & Rec Trees and ShrubsCITY OF CARLSBAD - AGENDA BILL 13
AB# 20,083
MTG. 12/22/09
DEPT. Clerk
AMENDMENT TO MUNICIPAL CODE CHAPTERS
2.36 REGARDING PARKS & RECREATION
COMMISSION DUTIES AND
11.12 REGARDING TREES AND SHRUBS
DEPT. HEAD vf^
CITY ATTY. 0
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-072 amending Section 2.36.075 of the Carlsbad Municipal Code
regarding the authority of the Parks & Recreation Commission to review tree-related issues;
and amending Sections 11.12.030-11.12.100, 11.12.120-11.12.130, and 11.12.150-
11.12.160 related to trees and shrubs to replace references to "Public Works" with "Parks and
Recreation".
ITEM EXPLANATION:
Ordinance No. CS-072 was introduced and first read at the City Council meeting held on
December 8, 2009. The second reading allows the City Council to adopt the ordinance
which will become effective thirty days after adoption. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 20,070 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. CS-072.
DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2808,
karen.kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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EXHIBIT 1
ORDINANCE NO. CS-0721
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 CARLSBAD, CALIFORNIA, AMENDING SECTION 2.36.075
TO CHAPTER 2.36 TO THE CARLSBAD MUNICIPAL CODE
3 AND AMENDING SECTIONS 11.12.030-11.12.100, AND
4 11.12.120-11.12.130, AND 11.12.150-11.12.160 OF
CHAPTER 11.12 OF THE CARLSBAD MUNICIPAL CODE
5 RELATED TO TREES AND SHRUBS
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WHEREAS, The City Council on June 20, 2000 adopted Ordinance No. NS-547
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that amended Title 2, Chapter 2.36 of the Carlsbad Municipal Code, related to the8
9 additional duties and powers of the Parks and Recreation Commission; and
10 WHEREAS, on June 20, 2000 the City Council also adopted Ordinance No. NS -
11 545, repealing and re-enacting Title 11, Chapter 11.12 of the Carlsbad Municipal Code,
12 related to Trees and Shrubs; and
13 WHEREAS, the Park and Trees Maintenance Division is responsible for the
14 maintenance of all city-owned landscaping, including city street trees; and
WHEREAS, at the time of the above adoptions, the Parks and Trees
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Maintenance Division was organizationally located under the General Services
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Department of the Public Works Major Service Area; and18
WHEREAS, the Parks and Trees Maintenance Division was recently transferred
20 under the realigned Parks and Recreation Department; and
21 WHEREAS, this realignment necessitates the amending of Title 2, Chapter 2.36,
22 Section 2.36.075 and Title 11, Chapter 11.12 of the Carlsbad Municipal Code, in order
23 to reflect the change in reporting authority from General Services/Public Works to Parks
and Recreation; and
25 WHEREAS, the proposed amendments change all references within these
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sections from the Public Works Manager/General Services, the Public Works Director,
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1 the General Services Department, and the Public Works Department, to the Parks and
2 Recreation Director and the Parks and Recreation Department, respectively; and
3 WHEREAS, the proposed amendments to Title 11, Chapter 11.12 of the
4 Carlsbad Municipal Code includes minor verbiage additions for consistency between
5 their respective subsections on describing hazards considered by the City Arborist in
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the potential removal of city street trees; and
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WHEREAS, the proposed amendment to Title 11, Chapter 11.12, Section
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11.12.160 subsection A of the Carlsbad Municipal Code includes language that
promotes consistency with a preceding chapter on the discretion of the City Attorney in
11 prosecuting code violations.
12 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does
ordain as follows:
14 SECTION 1: That Section 2.36.075 of the Carlsbad Municipal Code is amended
to read as follows:
16
2.36.075 - Additional duties.
17
The parks and recreation commission shall have the additional power, and it
shall be the duty of the commission to review tree-related issues and to determine the
needs of the city with respect to its tree planting, replacement, maintenance and
preservation programs.
20 The commission will also make recommendations to the city council on policies,
21 regulations or ordinances pertaining to the care and protection of public trees and the
selection of specific species of trees for designation along city streets, including the
22 development of a community forest management plan for the city.
In addition, in accordance with Section 11.12.150 of this code, the parks and
23 recreation commission shall hear appeals from decisions of the city manager acting
through the parks and recreation director or his/her designee, regarding the planting or
removal of street trees.
25 SECTION 2: That Sections 11.12.030 subsection A, 11.12.040 subsection A,
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11.12.050 subsection A, 11.12.060 subsection A, 11.12.070 subsection A, 11.12.080
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1 subsection E, 11.12.090 subsections B, E.3, and E.S.a., 11.12.100 subsection E,
2 11.12.120 subsection A, and 11.12.130 subsection C of the Carlsbad Municipal Code
3 are amended by deleting "public works" and replacing in its stead "parks and recreation"
4 wherever "public works" appears in those sections.
5 SECTION 3: That Section 11.12.150 subsection E of the Carlsbad Municipal
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Code is amended by deleting "public works" and replacing in its stead "city clerk"
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wherever "public works" appears in that subsection.8
9 SECTION 4: That Section 11.12.090 of the Carlsbad Municipal Code is amended
10 to read as follows:
11 11.12.090 - Permits required for tree removal and maintenance
12 F. No heritage tree shall be removed except if it is determined by a city arborist that
such a tree is creating a hazard to life or property, or by formal appeals process.
SECTION 5: That Section 11.12.160 of the Carlsbad Municipal Code is amended
15 to read as follows:
16 11.12.160-Violation.
17 A. A violation of this chapter may be prosecuted either as a misdemeanor or an
infraction pursuant to the provisions of Chapter 1, Section 1.08.010 of this code. The
City Attorney shall have the discretion to reduce to an infraction any act made unlawful
pursuant to this Chapter if such reduction is warranted in the interest of justice.
20 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
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and the city clerk shall certify the adoption of this ordinance and cause it to be published at
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least once in a newspaper of general circulation in the City of Carlsbad within fifteen days
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after its adoption.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 8th day of December. 2009, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 22nd day of December. 2009, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
ATTEST:
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/LORRA^jE M.lWbOD, City CbVk
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