HomeMy WebLinkAbout2011-06-21; City Council; 20599; AMENDMENT MUNICIPAL CODE CITYWIDE TRAIL SYSTEMCITY OF CARLSBAD - AGENDA BILL 16
AB# 20.599
MTG. 6/21/11
DEPT. CLERK
AMENDMENT TO CARLSBAD MUNICIPAL
CODE TO DELEGATE AUTHORITY FOR
ACCEPTANCE OF TRAILS INTO THE
CITYWIDE TRAIL SYSTEM
DEPT. DIR. <^S
CITYATTY. ;~
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-149. amending Title 11, Chapter 11,04, by the addition of Section
11.04.060, to provide for the delegation of authority for written acceptance of trails into the
citywide trail system; and amending the titles of Chapter 11.04 and Section 11.04.050.
ITEM EXPLANATION:
Ordinance No. CS-149 was introduced and first read at the City Council meeting held on June
7, 2011. 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 AB #20,577 on file in the Office of the City Clerk,
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this
action does not constitute a "project" within the meaning of CEQA in that it has no potential
to cause either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment, and therefore does not require an
environmental review.
EXHIBITS:
1. Ordinance No. CS-149.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED X
DENIED D
CONTINUED D
WITHDRAWN O
AMENDED
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
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ORDINANCE NO. CS-149
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING CARLSBAD MUNICIPAL CODE
CHAPTER 11.04 TO ADD SECTION 11.04.060
DELEGATING AUTHORITY FOR WRITTEN
ACCEPTANCE OF TRAILS INTO THE
CITYWIDE TRAIL SYSTEM
Code read as follows:
11.04.060 - Delegation of acceptance authority for public trails.
NOW, THEREFORE, the City Council of the City of Carlsbad does
8 ordain as follows:
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SECTION 1: That section 11.04.060 is added to Carlsbad Municipal
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13 (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
14 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
Resource Management Plan in the city's General Plan Circulation
Element as completed, indicating its availability for public use.
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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
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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 7th day of June 201 1 , and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 21st day of June 201 1 , by the following vote, to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
» y*J m 1^ ' &&Le>jZ_
RONALD R. BALL, City Attorney
6/2- *-/<(
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MATf<HALL, Mayor'
ATTEST:
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CXORRAINE M. WOOD, City Clerk
(Seal)