HomeMy WebLinkAbout99-08 Reorganization of City Departments Plan by City ManagerORDINANCE NO. 99-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS
2-212, 2-213, 2-218, 12-1, 12-2, 12-3, 12-17, 12-18,
12-24, 12-25, 12-26, 12-30, 12-31, 12-32, 12-36, 12-
39, 12-48, 12-53, 12-56, 1.2-570, 12-58, 15-127, 15-
128, 15-131, 15-132, 15-133, 15-138(5) AND 15-
140(2); TO DELETE REFERENCES TO PERSONNEL AND
COMMUNITY SERVICES DIRECTORS AND
DEPARTMENTS AND TO REPLACE THEM WITH
ADMINISTRATIVE SERVICES AND PUBLIC SERVICES
DIRECTORS AND DEPARTMENTS IN ORDER TO.
EFFECTUATE THE REORGANIZATION OF CITY
DEPARTMENTS PLAN BY CITY MANAGER
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 2-212 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 2-212. Powers, duties of the administrative services director.
The administrative services director shall:
(a) Administer all of the provisions of this chapter and of the
personnel rules.
(b) Prepare and recommend revisions and amendments to the
personnel rules, such revisions and amendments to be submitted to the City
Council for adoption.
(c) Maintain and administer a position classification plan, including
class specifications and revisions of the plan.
(d) Prepare or cause to be prepared a plan of compensation and
revisions thereof covering all classifications. Positions having similar duties
and/or levels of responsibility shall be classified and compensated on a
uniform basis."
Section 2. Section 2-213 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 2-213. Contracts for technical services authorized.
The City Council, upon recommendation of the administrative services
director, may contract with any qualified person or agency for the
performance of such technical services as may be necessary for the effective
operation of the personnel system.
Section 3. Section 2-218 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 2-218. Rules authorized.
The personnel rules are to supplement this chapter and are to be prepared
by the administrative services director and adopted by the City Council by
resolution. These rules may be amended from time to time by the adoption
of a resolution by the City Council."
Section 4. Section 12-1 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
Sec. 12-1. "Park" defined.
When used in this title, the word "park" shall include all grounds,
roadways, avenues, parks, buildings, school facilities when they are in use as
recreational facilities and when they are under the control of the director of
public services, and areas under the control, management or direction of the
director of public services of the city."
Section 5. Section 12-2 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-2. Employees of the department defined.
When used in this title, the words "employees of the department e#" refer
to those individuals appointed by the city manager or the director of public
services."
Section 6. Section 12-3 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-3. "Director" defined.
When used in this title, the words "director" shall refer to the department
head of the department of public services appointed by the city manager."
Section 7. Section 12-18 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-17. Rules and policies of department to be obeyed.
No person shall disobey or violate any of the rules, policies or regulations
of the public services department governing the use and enjoyment by the
public of any park, square, avenue, grounds or recreation center, or
governing the use and enjoyment of any building, structure, equipment,
apparatus or appliance thereon, which rules or regulations at the time are
posted in some conspicuous place in the park, square, avenue, grounds or
recreation center, or in or near the building, structure, equipment, apparatus
or appliance to which the rules or regulations apply."
Section 8. Section 12-18 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-18. Signs and notices to be obeyed.
(a) No person shall disobey any instruction, sign or notice posted by
the public services department in any park, recreation center or building or
structure thereon for its reasonable regulation and. use.
(b) No person shall disobey any reservation notice posted or issued
by the public services department concerning the use of any park facility,
site, tables or other public accommodations therein."
Section 9. Section 12-24 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-24. Riding animals, operating vehicles.
No person shall ride or drive any horse or other animal or drive or propel
any automobile, truck, dune buggy, motorcycle, motor scooter or any other
motor powered vehicle within any park, square, avenue, , grounds, or
recreation center, except upon the roads, driveways, paths and highways
provided and designated by the public services department for such use, and
shall ride or drive such horse or other animal or propel such automobile,
truck, dune buggy, motorcycle, motor scooter or any other motor powered
vehicle in a careful manner, at a lawful rate of speed, and in accordance with
the rules and regulations made by the public services department."
Section 10. Section 12-25 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-25. Parking vehicles.
(a) No person shall park any automobile or other vehicle on any
lawn or planted section in any park, square, avenue, grounds or recreation
center, or in any pedestrian lane therein, or any other place where the rules
and regulations of the public services department prohibit vehicular parking.
(b) No automobile or other vehicle shall be parked in any road, place
or highway in any park, square, avenue, grounds or recreation center, except
on the extreme right side of said road, place or highway and immediately
adjacent to the planted portion of the park, square, avenue, grounds or
recreation center; provided, however, the public services department shall
have full power and authority to set aside suitable space for the parking of
any automobile or other vehicle off any road, place or highway. The extreme
right side of said road, place or highway shall be deemed the right-hand side
of any road, place or highway as measured or applied in the direction in
which any vehicle is traveling."
Section 11. Section 12-26 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-26. Stopping, parking vehicles between dark and 5:00 a.m.
It shall be unlawful for the driver of any vehicle to stop or park the same
at any place within the boundaries of any park, square, avenue, grounds or
recreation center during the hours between dark and 5:00 a.m., except when
attending some special event authorized to be conducted within the park
during said hours by the director, and then only when such person stops or
parks the vehicle at an area specifically designated for such stopping or
parking in connection with such special event or with a permit from the
director."
Section 12. Section 12-30 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-30. Advertising and commercial vehicles.
No vehicle having thereon or attached thereto any exposed advertising
matter, name of owner, name of maker of said vehicle or sign, or advertising
any commodity, article, merchandise, business, activity, person or thing shall
be allowed within any park, square, avenue, grounds or recreation center
without first obtaining a permit as provided in this Code. Trucks, drays,
wagons, motor delivery vehicles and other vehicles may use transverse roads
extending across such areas and designated for passage of commercial
vehicles by the director."
Section 13. Section 12-31 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-31. Soliciting passengers for vehicles.
No person shall solicit, arrange, contract or make any agreement, or
establish or maintain any stand or other equipment, for procuring passengers
for any carriage, coach, motor wagon, automobile, auto bus, auto stage or
other vehicle, let or used for hire, in any park, square, avenue, grounds or
recreation center without first having obtained a permit to do so from the
director."
Section 14. Section 12-32 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-32. Disturbing property; performance of labor.
No person shall perform any labor in or upon any park, square, parkway,
avenue, grounds, or recreation center, such as taking up or replacing soil,
turf, ground, pavement, a structure, tree, shrub, plant, grass, flower and the
like, except under the supervision and control of the director, and by virtue of
a permit issued by the director authorizing such labor."
Section 15. Section 12-36 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-36. Erecting obstructions.
No person shall build, construct, erect, put up or maintain any building,
structure, fence, wall, monument, dome or other thing in or upon any park,
square, avenue, grounds or recreation center without first having obtained a
permit from the director. Any such building, structure, fence, wall,
monument, dome or other thing shall not prevent, hinder or impair the full
and free use and enjoyment by the public of such park, square, avenue,
grounds or recreation center for park purposes."
Section 16. Section 12-39 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-39. Grounds to be restored.
Where work has been done in any park, square, avenue, grounds or
recreation center under any permit, the permittee shall repair, reconstruct and
put the ground in as good condition in all respects when the work shall have
been completed or terminated or such permit shall have expired as said
ground was in when the permit was granted or the work commenced; the
condition of the ground, site or place in any park, square, avenue, grounds or
recreation center where any work has been done pursuant to any permit shall
be made satisfactory to the director and on the completion of the work, the
permittee shall forthwith remove all buildings, structures, machinery or
equipment used in connection with such work from the park."
Section 17. Section 12-48 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-48. Camping.
No person shall camp, lodge or tarry over night in any park, square,
avenue, grounds or recreation center, unless there is set aside by the director
certain places for this purpose."
Section 18. Section 12-53 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-53. Permits.
(a) Any lodge, society, social organization, group, sports league or
team, social club or other organization of persons having ten (10) or more
members or attendees desiring to use any area of any public park, square,
avenue, grounds or recreation facility for a parade, picnic, game, or other
purpose and where such use will exclude or interfere with use by other
members of the public from such area shall obtain a permit from the director
or his designee not less than twenty-four (24) hours or more than one (1)
year prior to such use. The director and other personnel of the department
may take all reasonable measures to apportion the use of any park, square,
avenue, grounds and other recreational facilities fairly among individuals and
groups desiring to use them. A permit fee may be charged to offset costs.
Such fees shall be established by resolution of the city council.
(b) The director shall issue permits for the exclusive use of any
public facility described in subsection (a) during certain times unless one of
the following grounds is found to exist:
(1) The proposed use of a specified facility for a certain time
is in conflict with a previously issued permit for the same
facility.
(2) The proposed use will have a significant adverse impact
on or present an imminent threat of damage or injury to
the facility or the public health, safety, and welfare.
(3) The proposed use violated the provisions of this article or
any other state, county or city statute, ordinance or
regulation.
(c) Before making a determination on an application for a permit,
the director shall allow interested persons an opportunity to submit relevant
information either orally or in writing, and the director shall give notice of his
decision on the application by mail within twenty-four (24) hours of his
decision. The decision of the director may be appealed to the city council by
any interested person within seven (7) days of the date on which the notice
of the decision, addressed to the groups or organizations affected, is
deposited in the mail; provided, however, that the decision shall remain in
effect while the appeal is pending."
Section 19. Section 12-56 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"There is hereby established as a part of the government of the city, a
parks, recreation facilities and parkways commission, which shall:
(a) Consider matters that may be referred to it by the city council,
the city manager, the director of administrative services, or the director of
public services, and render such counsel and advice in regard thereto as may
be requested by the referring authorities;
(b) By its own motion, make such studies, investigations and hold
public hearings as it may deem necessary for the formulation of parks,
recreation facilities and parkways policies, or to determine the wisdom and
efficacy of the policies, plans and procedures dealing with parks, recreation
facilities and parkways matters, or to determine an action program to pursue
in implementing the city open space plan and report its findings and
recommendations to the city council, the city manager, the director of
administrative services, or the director of public services;
(c) Recommend to the city council and the city manager as to the
acceptance or rejection of offers or donations of money, personal property,
or real estate to be used for parks and parkways programs;
(d) Solicit to the fullest extent possible the cooperation of school
authorities and other public and private agencies concerned with the parks,
recreation facilities and parkways of the city; and
(e) Recommend and make findings to the city council on the
necessity for removal of parkway trees as provided in section 15-11 (2) of
this Code, and the necessity for terms and conditions for retention of trees
as provided in section 15-11 (3) (c) of this Code."
Section 20. Section 12-57(d) of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-57. Rules and regulations.
(d) Secretary: The secretary shall be designated by the director of
public services. The secretary shall record the minutes of the commission
and shall maintain the records of its proceedings and transactions."
Section 21. Section 12-58 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 12-58. Procedures.
(a) All meetings of the commission shall be open to the public.
(b) Matters brought before the commission by the public, director
of administrative services or director of public services of the city shall be
considered by the commission and report its findings and recommendations
to the city council, the city manager, the director of administrative services,
or director of public services."
Section 22. Section 15-127 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"Sec. 15-127. Permit procedure.
(1) An application for a permit for tree installation, removal or
alteration of public trees (trees located within medians, parkways, rights-of-
way or tree easements) shall be submitted to the public services department
on a form approved by the department.
(2) In the event that it becomes necessary, in the judgment of the
director of public services, to remove public right-of-way trees because of
root systems doing damage to public streets, curbs, gutters and sidewalks or
for reasons which, in the judgment of the public services department,
constitutes a public nuisance or an undue and unreasonable exposure to
liability for injuries to persons and property or, where the tree is dead or
diseased, said trees may be removed. Before said trees are removed, the
parks, recreation facilities and parkways commission shall provide
recommendations and findings to the director of public services. The
decision by the director in this subsection may be appealed to the city
council as provided in Chapter IX, Title -2 of this Code."
(3) Reserved.
(4) The provisions for the retention of any parkway tree or the
issuance of a permit shall in no way preclude the director of public services
from taking any reasonable or precautionary steps necessary for the
protection of and the repair of streets, curbs, gutters or sidewalks damaged
by the root system of said tree."
Section 23. Section 15-128 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"The public services department and city council may require reasonable
conditions in granting a permit under this chapter including, but not limited
to, a requirement that a security bond in a form approved by the city
attorney be posted to ensure compliance with the provisions of this chapter."
Section 24. Section 15-131 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"The adjacent property owner/applicant shall pay for tree replacement costs
on a 3:1 tree replacement ratio of (three(3) new trees planted for every one (1)
mature tree removed - one (1) twenty -four -inch box; and two (2) fifteen -gallon
trees) whenever such a removal is deemed a "convenience removal." Property
owner/applicant agrees that the city shall select the species and approve the
site of the tree to be replanted.
"Convenience removal" shall mean the removal of a tree with a genus and
species designated as a problem tree by the department of public services to
include, but is not limited tom Ficus nitida, Ficus retusa, Fraxinus uhdei, Schinus
terebinthifolius, Cupania anacardiodes and that such removal is subject to a
convenience tree removal agreement approved by the department."
Section 25. Section 15-132 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"No person shall begin any construction or excavation without first providing
sufficient protection for trees on public property, such as a fence, guard or
frame within a five (5) foot minimum distance of the tree trunk. This five (5)
foot minimum may be extended at the sole discretion of the director of public
services for other unforeseen horticultural circumstances."
Section 26. Section 15-133 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"All trees and landscape material planted by the city in the public right-of-
way; shall be under the supervision of the public services department."
Section 27. Section 15-138(5) of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"(5) Appeals. Any decision of the parks, recreation facilities and
parkways commission and the director of public services, made pursuant to
this section, may be appealed to the city council pursuant to Chapter IX of
Title 2 of this Code."
Section 28. Section 15-140(2) of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"(2) It shall be the responsibility of the public services department to
maintain, plant and approve the removal of all trees within the city's right-of-
way and all tree easements under the jurisdiction of the city."
Section 29. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person, is for
any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or
unconstitutional. No portion of this Ordinance shall supersede any local, State, or
Federal law, regulation, or codes dealing with life safety factors.
Section 30. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days after
its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT,
a newspaper of general circulation printed and published in the City of Costa Mesa,
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
The provisions of this Ordinance shall be effective as follows:
(a) Sections 1 through 3, inclusive, are effective on Ju Ly I, t 9 g 9
1999.
(b) Sections 4 though 28, inclusive, are effective on
1999.
PASSED AND ADOPTED this ItL day of -J LLNF , 1999.
ATTEST:
City q4k of the
City o osta Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
n9�!24L
Mayor
APPROVED AS TO FORM:
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 99- 8 was introduced and considered section by section at a regular
meeting of said City Council held on the jig day of lvlhy 1999, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the 7t�, day of —Juti c , 1999, by the following roll call vote:
AYES: MojJAN4N) CGWQA), frRi Sc ,J l�,
NOES: j0za J
ABSENT: �5e MtF- A-5
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this day of 1999.
Deputyity Clerk and ex -officio
Clerk o the City Council of the
'r City of Costa Mesa