Loading...
HomeMy WebLinkAbout2023-09-12; City Council; CS-453; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.36 PARKS AND RECREATION COMMISSION TO BE CONSISTENT WITH ...ORDINANCE NO. CS-453 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.36 PARKS AND RECREATION COMMISSION TO BE CONSISTENT WITH CHAPTER 1.20 MEETINGS AND CHAPTER 2.15 BOARDS AND COMMISSIONS WHEREAS, Chapter 2.36 of the Carlsbad Municipal Code establishes the Parks and Recreation Commission as well as matters related to the conduct of Parks and Recreation Commission meetings; and WHEREAS, in 2018 the City Council adopted Chapter 1.20 Meetings and Chapter 2.15 Boards and Commissions that establish procedures applicable to public meetings and matters specific to the appointment, roles, and responsibilities of members of all city boards and commissions; and WHEREAS, amendments to Chapter 2.36 establishing the Parks and Recreation Commission are necessary to conform to the provisions of Chapters 1.20 and 2.15 and to reflect the current powers and duties of the commission. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. That Carlsbad Municipal Code Chapter 2.36 is amended to read as follows: Chapter 2.36 PARKS & RECREATION COMMISSION Sections: 2.36.010 2.36.020 2.36.070 2.36.090 2.36.110 2.36.010 Created. Membership. Duties. Funds-Disposition of money. Powers delegated to commission to be advisory. Created. A Parks & Recreation Commission for the city is created. 2.36.020 Membership. The Parks & Recreation Commission shall consist of seven members appointed pursuant to section 2.15.050(A). 2.36.070 Duties. The Parks & 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 & 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 money. A Funds Generally. The Parks & 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 & Recreation Fund. C. Parks & Recreation Fund. The City Council shall establish a fund to be known as the "Parks & 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 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 & 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 & 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. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance arid cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney 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 29th day of August, 2023, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of September, 2023, by the following vote, to wit: AYES: NAYS: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna . None. ABSTAIN : None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: u.iUI(. M Gl-1~ CINDIE K. McMAHON, City Attorney pr ~ KEITH BLACKBURN, Mayor M_ SHERRY FREISINGER, City Clerk (SEAL) \,,,111\\llllllll//1 /"'<,~ CAF(/."'''% ~~···•··.~-~ !'~ . ....-·~ -••• •• ~ i \ .. ~~-?:A)0) \ ····-?~:"l"~, I -,,,p,ql. ........... .,_\,~ ~ 1111,,11 IFOf\~,,,,,~ 11111111111111111\\