HomeMy WebLinkAbout2023-06-19; Parks & Recreation Commission; ; Review of Draft Carlsbad Municipal Code Chapter 2.36 – Parks and Recreation CommissionMeeting Date: June 19, 2023
To: Parks & Recreation Commission
From: Kyle Lancaster, Parks & Recreation Director
Staff Contact: Sheila Cobian, Legislative & Constituent Services Director
Sheila.cobian@carlsbadca.gov, 442-339-2917
Subject: Review of Draft Carlsbad Municipal Code Chapter 2.36 – Parks and
Recreation Commission
Recommended Action
That the Parks and Recreation Commission review proposed changes to Carlsbad Municipal
Code Chapter 2.36 – Parks and Recreation Commission and provide comments as appropriate.
Executive Summary
Parks and Recreation Commission responsibilities and membership composition are provided in
Chapter 2.36 of the Carlsbad Municipal Code. City staff are proposing edits to this chapter to
be consistent with similar chapters in the Municipal Code. Following this review, staff will
present the changes to the City Council for their consideration and adoption.
Discussion
The Parks and Recreation Commission was established by Ordinance No. 1025 on July 7, 1953.
Parks and Recreation Commission responsibilities and membership composition are provided in
Chapter 2.36 of the Carlsbad Municipal Code. City staff are proposing edits to this chapter to
be consistent with similar chapters in the Municipal Code. Edits can be found in a redline
format in Exhibit 1, with a clean copy provided as Exhibit 2. The edits are minor and do not
substantially change responsibilities or membership composition. The Parks and Recreation
Commission is not required to take formal action on the proposed edits but can provide staff
with any comments, if any, after review. Following this review, staff will present the changes to
the City Council for their consideration and adoption.
Exhibits
1.Draft Carlsbad Municipal Code Chapter 2.36 with Redline Changes
2.Draft Carlsbad Municipal Code Chapter 2.36
June 19, 2023 Item #1 Page 1 of 6
PARKS & RECREATION COMMISSION
Staff Report
Chapter 2.36
PARKS AND RECREATION COMMISSION
Sections:
2.36.010 Created.
2.36.020 Membership—Terms—Vacancies.
2.36.030 Compensation of members.
2.36.040 Chair.
2.36.060 Meetings.
2.36.070 Powers and Dduties.
2.36.075 Additional duties.
2.36.080 Powers generally.
2.36.090 Funds—Disposition of moneys.
2.36.100 Budget.
2.36.110 Powers delegated to commission to be advisory.
2.36.010 Created.
A parks and recreation commission for the city is created.
2.36.020 Membership—Terms—Vacancies.
The parks and recreation commission shall consist of seven members, appointed pursuant to section
2.15.050(A). who may be persons who hold an office or a position with the city; provided, however, that the
number of members of such commission who are not officials of the city shall exceed the number of
members who may be officers or employees of such city. Members are to be appointed by the mayor and
shall be approved by the city council. Of the members of the commission first appointed hereunder, one
shall be for a term of four years, two shall be for a term of three years, two shall be for a term of two years
and two shall be appointed for a term of one year. Their successors shall be appointed for the terms of four
years. If vacancies shall occur otherwise than by expiration of the term, they shall be filled in the same
fashion as the original members were appointed.
2.36.030 Compensation of members.
The parks and recreation commission shall act as such without any compensation.
2.36.040 Chair.
The appointed members of the parks and recreation commission shall elect their own chair, who shall
preside at all meetings. The chair, as elected by the commission, shall hold office for a term of one year
from and after his or her date of election. Thereafter, successive elections shall elect a new chair at each
succeeding year. One chair may serve for more than one successive term.
2.36.060 Meetings.*
The parks and recreation commission shall meet at such time or times as the members may in their
discretion see fit; provided, that such meetings be held at least once each month. The majority of the
appointed members shall constitute a quorum for the purpose of transacting the business of the
commission.
* As to attendance of city manager at commission meetings, see Section 2.12.125.
2.36.070 Powers and Dduties.
The parks and recreation commission shall:
Exhibit 1
June 19, 2023 Item #1 Page 2 of 6
A. have the power, and it shall be the duty of the commission, to mMake recommendations to the cCity
cCouncil and to advise the City cCouncil in matters pertaining to the creation, operation, maintenance,
management and control of community recreation programs, of playgrounds and indoor and outdoor
recreations, activities and facilities.
B. Further, it shall be the duty of the commission to aAdvise and make recommendations to the cCity
cCouncil on matters pertaining to planting, trimming, pruning, and care of all trees, shrubs or plants
and to the removal of all objectionable trees, shrubs and plants in and upon any park of theany city
park.
2.36.075 Additional duties.
C. The parks and recreation commission shall have the additional power, and it shall be the duty of the
commission to rReview all tree-related issues and to determine the needs of the citymake
recommendations to the City Council with respect to its tree planting, replacement, maintenance and
preservation programs.
D. The commission will also mMake recommendations to the cCity cCouncil on policies, regulations
orand ordinances pertaining to the care and protection of public trees and the selection of specific
species of trees for designation planting along city streets, including the development of a community
forest management plan for the city.
E. In addition, in accordance with Section 11.12.150 of this code, the parks and recreation commission
shall hear appeals from decisions of the cCity mManager acting through the pParks and rRecreation
dDirector or designee, regarding the planting or removal of street trees.
2.36.080 Powers generally.
F. The parks and recreation commission shall have the power to equip, operate, supervise and maintain
playgrounds, athletic fields, swimming pools, swimming centers, indoor recreation centers,
auditoriums, or other park or recreational facilities on or in any public grounds or buildings in or about
the city, which the commission may from time to time acquire, provide, authorize and designate for
such use, subject to the approval of the city council. The commission shall further have the power to
aAdopt rules and regulations pertaining to the cutting, trimming, pruning, planting, removal or
interference with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or
public place of the city.
2.36.090 Funds—Disposition of moneys.
A. Funds Generally. The pParks and rRecreation cCommission is authorized to and may receive
donations, gifts, legacies, endowments or bequests made to the city or to the commission for or in on
behalf of the city for the acquisition of parks and recreation facilities and the construction, maintenance
and operation of any of the foregoing facilities, subject to the approval of the cCity cCouncil.
B. Gifts Paid to City Treasurer. All donations, gifts, legacies, endowments or bequests so received by
the commission shall be turned over to the cCity tTreasurer, and shall be kept in a special fund to be
designated as the pParks and rRecreation fFund.
C. Parks and Recreation Fund. The cCity cCouncil shall establish a fund to be known as the “pParks and
rRecreation fFund.” There shall be deposited to and expended from this fund all fees or moneys
received by the commission, including the proceeds from all gifts, legacies or bequests as set forth in
subsection B and including the proceeds of other sources managed or controlled by the commission
and derived by it in connection with the operation of the public recreational activities and facilities
under its jurisdiction. All moneys in the fund shall be used for the promotion, supervision and operation
of public recreation, and not otherwise, and if not used during any current year shall accumulate in
the pParks and rRecreation fFund.
June 19, 2023 Item #1 Page 3 of 6
D. Carrillo Ranch Trust. A special trust fund is hereby established to receive and hold donations of
money, artifacts, and memorabilia for the Carrillo Ranch. Proposed donations shall be referred to the
pParks and rRecreation cCommission for a recommendation before acceptance. Donations of
$500.00 or less may be accepted by the city manager. Donations over $500.00 may be accepted by
the city City cCouncil. All donations accepted in the trust must be used exclusively for purposes
relating to the development, operation, and maintenance of the Carrillo Ranch.
2.36.100 Budget.
The parks and recreation commission shall submit a budget for required funds to the city council on or
before the 30th day of June of each year.
2.36.110 Powers delegated to commission to be advisory.
Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the cCity cCouncil,
or as a delegation to the pParks and rRecreation cCommission of any of the authority or discretionary
powers vested and imposed by law in the cCity cCouncil. The cCity cCouncil declares that the public
interest, convenience and welfare require the appointment of a pParks and rRecreation cCommission to
act in a purely advisory capacity to the cCity cCouncil for the purposes enumerated. Any power herein
delegated to the commission to adopt rules and regulations shall not be construed as a delegation of
legislative authority but purely a delegation of administrative authority.
June 19, 2023 Item #1 Page 4 of 6
Chapter 2.36
PARKS AND RECREATION COMMISSION
Sections:
2.36.010 Created.
2.36.020 Membership.
2.36.070 Powers and duties.
2.36.090 Funds—Disposition of moneys.
2.36.110 Powers delegated to commission to be advisory.
2.36.010 Created.
A Parks and Recreation Commission for the city is created.
2.36.020 Membership.
The Parks and Recreation Commission shall consist of seven members appointed pursuant to section
2.15.050(A).
2.36.070 Powers and duties.
The Parks and Recreation Commission shall:
A.Make recommendations to the City Council and advise the City Council in matters pertaining to the
creation, operation, maintenance, management and control of community recreation programs,
playgrounds and recreation activities and facilities.
B.Advise and make recommendations to the City Council on matters pertaining to planting, trimming,
pruning, and care of all trees, shrubs or plants and the removal of all objectionable trees, shrubs and
plants in any city park.
C.Review all tree-related issues and make recommendations to the City Council regarding the needs of
the city with respect to its tree planting, replacement, maintenance and preservation programs.
D.Make recommendations to the City Council on policies, regulations and ordinances pertaining to the
care and protection of public trees and the selection of specific species of trees for planting along city
streets, including the development of a community forest management plan for the city.
E.In accordance with Section 11.12.150 of this code, hear appeals from decisions of the City Manager
acting through the Parks and Recreation Director or designee, regarding the planting or removal of
street trees.
F.Adopt rules and regulations pertaining to the cutting, trimming, pruning, planting, removal or
interference with any tree, shrub or plant upon any street, park, boulevard, alley or public place of the
city.
2.36.090 Funds—Disposition of moneys.
A.Funds Generally. The Parks and Recreation Commission is authorized to and may receive donations,
gifts, legacies, endowments or bequests made to the city or to the commission for or on behalf of the
city for the acquisition of parks and recreation facilities and the construction, maintenance and
operation of any of the foregoing facilities, subject to the approval of the City Council.
B.Gifts Paid to City Treasurer. All donations, gifts, legacies, endowments or bequests received by the
commission shall be turned over to the City Treasurer, and shall be kept in a special fund to be
designated as the Parks and Recreation Fund.
C.Parks and Recreation Fund. The City Council shall establish a fund to be known as the “Parks and
Recreation Fund.” There shall be deposited to and expended from this fund all fees or moneys
received by the commission, including the proceeds from all gifts, legacies or bequests as set forth in
Exhibit 2
June 19, 2023 Item #1 Page 5 of 6
subsection B and including the proceeds of other sources managed or controlled by the commission
and derived by it in connection with the operation of the public recreational activities and facilities
under its jurisdiction. All moneys in the fund shall be used for the promotion, supervision and operation
of public recreation, and not otherwise, and if not used during any current year shall accumulate in
the Parks and Recreation Fund.
D.Carrillo Ranch Trust. A special trust fund is hereby established to receive and hold donations of
money, artifacts, and memorabilia for the Carrillo Ranch. Proposed donations shall be referred to the
Parks and Recreation Commission for a recommendation before acceptance by the City Council. All
donations accepted in the trust must be used exclusively for purposes relating to the development,
operation, and maintenance of the Carrillo Ranch.
2.36.110 Powers delegated to commission to be advisory.
Nothing in this chapter shall be construed as restricting any of the powers of the City Council, or as a
delegation to the Parks and Recreation Commission of any of the authority or discretionary powers vested
and imposed by law in the City Council. The City Council declares that the public interest, convenience and
welfare require the appointment of a Parks and Recreation Commission to act in a purely advisory capacity
to the City Council for the purposes enumerated. Any power herein delegated to the commission to adopt
rules and regulations shall not be construed as a delegation of legislative authority but purely a delegation
of administrative authority.
June 19, 2023 Item #1 Page 6 of 6