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\\