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HomeMy WebLinkAbout2011-06-07; City Council; 20577; DELEGATING AUTHORITY WRITTEN ACCEPTANCE OF TRAILSCITY OF CARLSBAD - AGENDA BILL 12 20.577AB# MTG. 6/7/11 DEPT.CA AMENDMENT TO CARLSBAD MUNICIPAL CODE CHAPTER 11.04 TO ADD SECTION 11.040.060 DELEGATING AUTHORITY FOR WRITTEN ACCEPTANCE OF TRAILS INTO THE CITYWIDE TRAIL SYSTEM DEPT. DIRECTOR CITY ATTORNEY Tff- CITY MANAGER "^(P RECOMMENDED ACTION: Introduce Ordinance No. CS-149 to add section 11.04.060 delegating the authority to accept public easements into the Citywide Trail System to the City Manager or his/her designee, and providing that until acceptance by written instrument, the city shall not be responsible for maintenance or liable for any failure to maintain a trail. Additionally, amend CMC 11.04 to include trails in the title and amend CMC section 11.04.050 to specify acceptance authority for streets and roads. ITEM EXPLANATION: The City Council approved a conceptual Citywide Trail System in the Open Space Conservation Resource Management Plan adopted on September 1, 1992. Although the City Council or City Clerk may now accept the dedication of easements for public trail use either in conjunction with the approval of a final map or otherwise, respectively, trails are not available for public use until improved to city standards for public trails. This is accomplished in some instances by the developer as a condition of development approval or in others, by the city once funds and resources become available at the discretion of the Parks and Recreation Director. The recommended action formalizes the procedure for acceptance of public trails into the Citywide Trail System as approved in the Open Space Conservation Resource Management Plan and delegates the authority to accept trails into the Citywide Trail System by written instrument to the City Manager or his/her designee. The proposed ordinance clarifies that the city shall not be responsible for maintaining nor shall it be liable for any failure to maintain a public trail until the trail has been formally accepted into the Citywide Trail System by the City Manager or his/her designee. FISCAL IMPACT: No fiscal impact with this requirement for written acceptance of trails into the Citywide Trail System. DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball@carlsbadca.gov FOR CITY CLERKS USE ONL Y. ./ COUNCIL ACTION: APPROVED /ti DENIED DX CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D D D D Page 2 ENVIRONMENTAL IMPACT: The proposed action does not qualify as a "project" under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonably foreseeable indirect physical change in the environment. EXHIBITS: 1. Ordinance No. CS-149 2. RedlineofCMC11.04and11.04.050 3. Amended version of CMC Title 11.04 and section 11.04.050 Z 1 ORDINANCE NO. CS-149 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 3 AMENDING CARLSBAD MUNICIPAL CODE 4 CHAPTER 11.04 TO ADD SECTION 11.04.060 DELEGATING AUTHORITY FOR WRITTEN ACCEPTANCE OF TRAILS INTO THE CITYWIDE TRAIL SYSTEM NOW, THEREFORE, the City Council of the City of Carlsbad does 8 ordain as follows: 9 SECTION 1: That section 11.04.060 is added to Carlsbad Municipal 10 Code read as follows:11 12 13 14 16 17 18 21 22 23 24 25 26 27 28 11.04.060 - Delegation of acceptance authority for public trails. (a) The city shall not be responsible for maintaining, nor shall it be liable for any failure to maintain any trail identified in the Open Space Conservation Resource Management Plan until it has been formally accepted into the Citywide Trail System by written instrument signed by the City Manager or his/her designee as a public trail and only if the acceptance specifies that the trail is to be maintained by the city. (b) Once a trail is accepted into the Citywide Trail System, whether it is to be maintained by the city or a private party or otherwise, the trail segment shall be designated on the Open Space Conservation 1Q Resource Management Plan in the city's General Plan Circulation Element as completed, indicating its availability for public use. 20 SECTION 2: That the titles of Chapter 11.04 and section 11.04.050 are amended to read as follows: Chapter 11.04 - STREETS. SIDEWALKS AND TRAILS 11.04.050- Delegation of acceptance authority for streets and public purpose dedication -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 day of , 2011, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2011, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (Seal) -2- Chapter 11.04 - STREETS.-AMO-SIDEWALKS AND TRAILS 11.04.050 - Delegation of acceptance authority for streets and public purpose dedication Chapter 11.04 - STREETS. SIDEWALKS AND TRAILS 11.04.050 - Delegation of acceptance authority for streets and public purpose dedication