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HomeMy WebLinkAbout02-10 City Parks and The Parks and Recreation CommissionORDINANCE NO. 02-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 12 OF THE COSTA MESA MUNICIPAL CODE REGARDING CITY ,PARKS AND THE PARKS AND RECREATION COMMISSION. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 12, sections 12-1 through 12-59, of the Costa Mesa Municipal Code are hereby amended to read as follows: "CHAPTER I. IN GENERAL Sec. 12-1. "Park" defined. When used in this title, the word "park" shall include all grounds, roadways, avenues, parks, buildings, parking lots, ,school facilities when they are in use as recreational facilities, or to serve recreational facilities, and when they are under the control of the director of public services or the director of administrative services, and areas under the control, management or direction of the director of public services or the director of administrative services of the city. Sec. 12-2. "Employees of the department" defined. When used in this title, the words "employees of the department" refer to those individuals appointed by the city manager, by the director of public services, or by the director of administrative services. Sec. 12-3. "Director" defined. When used in this title, the words " public services director" shall refer to the department manager of the department of public services appointed by the city manager. The words "administrative services director"; shall refer to the department manager of the department of administrative services appointed by the city manager. Sec. 12-4. Master plan adopted. Attached to Ordinance 89-12 marked Exhibit "A" and made a part hereof, is a master plat designating the boundaries of one (1) zone which plat is hereby adopted as the master plan of parks for the City of Costa Mesa. The official plat of the master plan of parksfor the City of Costa Mesa shall be kept on file in the office of the director of administrative services and a copy of the same shall be kept in the office of the city clerk for the city. Said plat is hereby declared to be a public record and shall be available for public view during the normal business hours of the City of Costa Mesa. Sec. 12-5. "Parkway" defined. When used in this title, the word "parkway" shall define the area of a public street that lies between the curb and the adjacent property line or physical boundary definition, which is used for landscaping and/or passive recreational purposes. Sec. 12-6. Reserved. Sec. 12-7. Camping and storage of personal property prohibited. (a) Purpose. The public streets and areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or other storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this section is to maintain public streets and areas within the city in a clean and accessible condition. (b) Definitions. Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this section. (1) Camp means to pitch or occupy camp facilities; to use camp paraphernalia. (2) Camp facilities include, but are not limited to, tents, huts or temporary shelters. (3) Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non -city designated cooking facilities and similar equipment. , (4) Park means the same as defined in section 12-1 of this Code. (5) Store means to put aside or accumulate for use when needed to put for safekeeping, to place or leave in a location. (6) Street means the same as defined in this Code. (c) Unlawful camping. It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise designated by the parks and recreation commission, and as permitted by the administrative services director (1) Any street; (2) Any public parking lot or public area, improved or unimproved; (3) Any park. (d) Storage of personal property in public places. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise approved in writing by the administrative services director: (1) Any park; (2) Any street; (3) Any public parking lot or public area, improved or unimproved. Secs. 12-8--12-15. Reserved. CHAPTER II. USE REGULATED Sec. 12-16. Parental responsibility. No parent, guardian or custodian of a minor shall permit or allow such minor to do any act or thing in any park square, avenue, grounds or recreation center prohibited by the provisions of this title. 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 or the administrative 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. 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 or by the administrative 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 administrative services department concerning the use of any park facility, site, tables or other public accommodations therein. Sec. 12-19. Public may be excluded. In an emergency or when the city council shall determine that the public interest, health, morals or safety demand such action, any park, square, avenue, grounds or recreation center, or any part or portion thereof, may be closed against the public and all persons may be excluded therefrom until such emergency or other reason upon which such determination of the city council is based has ceased, and upon the cessation thereof the park, square, avenue, grounds or recreation center, or part or portion thereof, so closed shall again be reopened to the public by order of the city council. Sec. 12-20. Disorderly conduct. (a) [Enumerated.] When used in this title, the words "disorderly conduct" shall include any of the following conduct in any park: (1) A violation of any section of the California Penal Code. (2) A violation of any section of this Code. (3) Throw or cause to be launched stones or any other projectile. (4) Fire or carry fireworks of any kind including "safe and sane fireworks." (5) Make any fire or hold any barbecue except at places designated and/or permitted by the public services director or by the administrative services director. (6) Conduct or cause to be conducted any business which is defined as the sale or solicitation of business including, but not limited to, the wholesale or retail provision or distribution of goods, commodities, or services, without a written permit from the administrative services director. (7) Climb upon any wall, fence, shelter, seat, building, structure, tree, shrub, device or other equipment, except at play equipment designated by the public services director or by the administrative services director. (8) Bring, land or cause to descend or alight any aircraft, balloon, parachute or other instrumentality, machine, or apparatus for aviation or flight, except as permitted by the administrative services director pursuant to this title. (9) Damage deface, alter, injure, destroy or remove any tree, wood, bush, turf, flower, plant., grass, soil, rock or any similar thing or part thereof from any park or in or on any building or structure within any park. (10) Damage, deface, alter, injure, destroy, or make, cut, paint upon, or otherwise mar or mutilate, or remove any equipment, pathway, facility, building or structure or part thereof within any park. (11) Let loose or permit to run, or swim, at large any animal upon any park, building or structure thereon, except as permitted by the administrative services director pursuant to this title. (12) Damage, deface, alter, injure, destroy or remove any animal in any park, except that abandoned wild or exotic animal let loose in any park in violation of this title may be removed by the public services department or by the administrative services department. (13) Lead, drive, entice, conduct or otherwise bring or cause to bring any horse, mule, ass, cattle, goat, sheep, swine or other similar livestock animal upon any park, building or structure thereon, except as permitted by the administrative services director pursuant to this title. (14) Place, pile, deposit, leave or cause to be deposited any building material, soil, solid waste or any other thing upon any park, and building or structure, except as permitted by the public services director, by the administrative services director, or in an area or receptacle designated by the public services department pursuant to this title. (15) Swim, bathe or wade in or pollute the waters of any fountain, lake, marsh or fishpond in any park or recreation center, and building or structure thereon. (16) Operate a remote-controlled vehicle with an internal combustion engine on or within any park, square, avenue, parkway, grounds or recreation center, except in areas as designated by the administrative services director. (17) Engaging in a sport or activity such as "paintball", whereby a projectile is launched either mechanically or through pressure, or possessing any of the equipment or paraphernalia used in such a sport or activity. (18) Feed or cause to be fed wild animals, including but not limited to opossums, skunks, raccoons, and squirrels, or wild fowl, including but not limited to ducks, geese, and pigeons, except that this section does not pertain to wild fowl at TeWinkle Park. (b) Ejection. Any person who commits any of the acts set forth in this section shall be guilty of disorderly conduct and shall be subject to ejection from the park by the public services director, by the administrative services director, city park ranger, or by a city police officer. Sec. 12-21. Skateboard park. The following regulations shall apply to the riding of skateboards at any facility or park owned or operated by the City of Costa Mesa which has been designated a public skateboard park. a. No person shall ride a skateboard at any facility owned or operated by the City of Costa Mesa that is designed and maintained for the purpose of recreational skateboard use and that is not supervised on a regular basis, unless the person riding the skateboard is wearing a helmet, elbow pads and knee pads. b. There shall be posted at all facilities owned and operated by the City of Costa Mesa which are designed and maintained for the purpose of recreational skateboard use and which are not supervised on a regular basis, signs which provide reasonable notice that any person riding a skateboard in that facility must wear a helmet, elbow pads and knee pads. Any person failing to do so will be subject to citation pursuant to Costa Mesa Municipal Code section 1-33. Secs. 12-22. Reserved. Sec. 12-23. Presence in parks after dark. No person shall enter upon or engage in any activity in any park and building or structure thereon after dark, except in these recreation facilities and park areas designated by signage or subject to a permit issued by the administrative services director pursuant to this title. 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. 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, without a written permit from the public services director or from the administrative services director. (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. 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 administrative services 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 administrative services director. Sec. 12-27. Maintaining vehicles. No person shall wash, polish, grease or repair any automobile or other vehicle in any park, square, parkway, avenue, grounds or recreation center, except insofar as repairs may be necessary for the immediate removal of any damaged or disabled automobile or other vehicle from such park, square, avenue, grounds or recreation center, except that the administrative services director may allow washing by written permit. Sec. 12-28. Wheeled, self-propelled vehicles and implements. No person shall ride or drive a bicycle, skate board or roller skates upon or over any tennis court, shuffleboard court, hand ball court, seat, bench, furniture, railing, curb, stair, or planter wall within any park, square, avenue, grounds or recreation center, without a written permit from the administrative services director. Sec. 12-29. Trucks, drays and delivery vehicles; transporting garbage. No dray, truck, auto truck, wagon, motor delivery vehicle, or other vehicle carrying or used in carrying goods, wares, merchandise, manure, soil, building material or other article or thing of commerce or trade shall enter into or upon any park, square, avenue, grounds or recreation center without first obtaining a permit from the administrative services director or from the public services director. Transportation of garbage into, upon or within any park, square, avenue, grounds or recreation center is prohibited. 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 public services director. 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 administrative services director. 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 public services director, and by virtue of a permit issued by the public services director authorizing such labor. Secs. 12-33--12-35. Reserved. 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. Sec. 12-37. Reserved. Sec. 12-38. Warning devices at danger points. Every person by whom or under whose direction or authority, either as principal, contractor or employer, any part or portion of any park, square, avenue, grounds or recreation center is made dangerous, must erect and, so long as the danger continues, maintain around the portion of the park, square, avenue, grounds or recreation center or retain at both ends of such barrier during every night from sunset until daylight, such barricades and traffic and warning devices as shall be required by the public services director . 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 public services 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. Secs. 12-40,12-41. Reserved. Sec. 12-42. Dogs generally. (a) For purposes of this section, the following words and phrases shall have the meanings as set forth below: (1) "Responsible person" means any person who owns, has a proprietary interest in, harbors or has the care, charge, control, custody or possession of a dog. (2) "Dog exercise area" means any fenced area or other enclosed area of a city park designated by the city council by resolution or ordinance as an area where dogs may be off a leash. (b) No responsible person shall permit his dog(s) to be in or upon any public street, sidewalk, park or other public place unless such dog(s) is upon a secure leash not more than six (6) feet long held continuously in the hands of a person capable of controlling the dog, or unless the dog is securely confined within an automobile, or in or upon any fully enclosed lot or premises; provided, however, that this subsection shall not apply to a person who is in the possession or operating within the terms of a valid permit from the city to conduct obedience classes or other types of trial or show of dogs in or upon any public place. This subsection shall not apply to dogs under the control of a responsible person in a dog exercise area. (c) All responsible persons shall cleanup after their dog(s) and remove all dog feces left by their dog(s) upon any public street, sidewalk, park -or other public place, or any private property not owned by the responsible person, and dispose of it in a sanitary and proper manner. (d) In addition to such other regulations that may be adopted from time to time by the Parks and Recreation Commission, the following regulations and limitations shall apply to all dog exercise areas: (1) No responsible person shall have more than four (4) dogs at once in a dog exercise area. (2) Dog exercise areas will be open from dawn to dusk and closed one (1) day per week as posted for maintenance. The operational hours may be adjusted as conditions require. (3) All responsible persons shall, at all times, take all reasonable precautions to prevent their dog(s) from biting, attacking or attempting to bite or attack any person or dog. A responsible person shall immediately remove his dog from the dog exercise area if it bites, attacks or attempts to bite or attack any person or dog. (4) Any dog over the age of four (4) months must be vaccinated and legally licensed prior to use of the any, dog exercise area. Dogs under the age of four (4) months are prohibited from any dog exercise area pursuant to section 1920 of the Health & Safety Code. (5) Female dogs in heat are not permitted in any dog exercise area. (6) There shall be no food or food products, whether intended for human or dog consumption, in any dog exercise area. (7) All responsible persons using a dog exercise area must have a leash in their possession at all times for each of their dog(s) in the dog exercise area, which shall be worn by the dog(s) at all times the dog(s) is not in the exercise area. (8) All responsible persons shall also comply with all rules governing city parks and relevant parking regulations. (9) Use of any dog exercise area by a responsible person and his dog(s) shall constitute implied consent of the responsible person to all of the conditions set forth in this section, a waiver of liability benefiting the City of Costa Mesa, and an agreement and undertaking to protect, indemnify, defend and hold the City of Costa Mesa harmless for any injury or damage caused by a responsible person's dog during any time that the dog is in the dog exercise area. (e) The provisions of this section shall be enforceable by any police officer, animal control officer, park ranger or other code enforcement officer of the city pursuant to section 1-33 of this Code. In addition to any other remedies, the city officer shall have the authority to eject- any person who violates this section pursuant to section 12-20 of this Title. Sec. 12-43. Dogs excluded from children's playgrounds, etc. No person having in charge any dog shall permit, allow or suffer such dog to enter upon or remain within any park area reserved for children or to enter any sandbox or play apparatus area. Sec. 12-44. Handbills and circulars; distributing and posting. No person, association, partnership, firm, corporation or trust shall paint, mark or write on, post, attach or otherwise affix any handbill, notice, sign or similar device to or upon any park, sidewalk, parkway, crosswalk, street, alley, median, curbstone, street lamppost, bus bench or shelter, or hydrant, tree, shrub, tree stake or guard, electric light, power or telephone pole or wire or appurtenance thereof, or upon any lighting system, bridge, drinking fountain, street sign or barrier, traffic sign, fence, building or structure of any kind located on city property or any city right-of-way or easement unless a permit is obtained from the city council as provided in section 5-121(d)(5)or Chapter II of Title 19. The person, association, partnership, firm, corporation or trust responsible for such sign, notice, handbill or similar device in violation of this section shall be liable for the cost incurred for the removal and disposal thereof as provided in section 5-128. Sec. 12-45. Sports activities. (a) No person shall fly a kite or airplane .(driven by an internal combustion engine) or participate in any games such as baseball, football, hockey, and the like in any park where such use has been prohibited by a sign posted at the entrance to the park as designated by the administrative services department or the public services department. (b) No person shall play, practice or in any way engage in the game of golf in any public park or parkway in the city, except at the times and places designated by the administrative services director and under the supervision of a member of the staff of the administrative services department. This section shall not apply to playing of golf on any city- owned golf course. (c) No person shall engage in any boxing contest, prizefight, combative marshal arts activity or wrestling contest, or promote or participate in any such contest, in any park or recreation center without a written permit from the administrative services director. Sec. 12-46. Vending merchandise. No person shall bring or cause to be brought for the purpose of sale or barter, or have for sale, or sell or exchange, or offer for sale or exchange, any goods, wares, merchandise or other things in any park, square, avenue, grounds or recreation center, without first having obtained a permit from the administrative services director and an appropriate business license from the director of finance. Sec. 12-47. Reserved. Sec. 12-48. Reserved. Sec. 12-49. Reserved. Sec. 12-50. Reserved. Sec. 12-51. Rubbish to be put into receptacles. No person shall throw, place, cast, deposit, dump, or cause to be thrown, placed, cast, deposited or dumped, any ashes, refuse, offal, vegetable, garbage, dross, cinders, shells, straw, shavings, paper, scraps or dirt, or dead animal, fish, fowl, bird or reptile, glass, crockery, bones, tin cans or like matter, empty box, carton, wastepaper, remains of food, newspaper, filth or rubbish of any ,kind in any park, square, avenue, grounds or recreation center, except to place the same in cans or receptacles provided for such matter. Sec. 12-52. Reserved. 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 administrative services director or his designee not less than three (3) business days or more than one (1) year prior to such use. The administrative services 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 administrative services 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 federal, state, county or city statute, ordinance or regulation. (c) Before making a determination on an application for a permit, the administrative services 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 administrative services director shall be made within three (3) business days of the filing of the application, and may be appealed to the parks and recreation commission 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. Sec. 12-54. Reserved. Sec. 12-55. Amusements, shows, etc.; permit required. No person shall set up or maintain any exhibition, place of amusement, concert hall, moving picture, show, showstand, performance, concert, entertainment or amusement in any park, square, avenue, grounds or recreation center without first having obtained a permit to do so from the parks and recreation commission. CHAPTER III. PARKS and RECREATION COMMISSION Sec. 12-56. Commission established. There is hereby established as a part of the government of the city, a parks and recreation 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, recreation facilities and parkways policies, or to determine the wisdom and efficacy of the policies, plans and procedures dealing with parks, recreation, 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 approval of concept plans for development and/or modification of parks, recreation, and open space facilities; (d) Solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies concerned with the parks, recreation, recreation facilities and parkways of the city; (e) Make a determination 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, which decisions shall be final not withstanding section 2-303; (f) Set the fees to be paid by participants in recreation programs and classes in accordance with the guidelines adopted by the city council in the Cost Recovery Program for Recreation Activities; (g) May review the annual budget as presented to the city council and advise them on the current operational needs and long-range plans for capital improvement; and (h) Periodically visit parks and recreation facilities in the City to review established programs and facilities, and to monitor needs in accordance with the Parks, Recreation and Open Space Master Plan. Sec. 12-57. Rules and regulations. The commission shall operate under the following rules and regulations: (a) Chairperson, vice -chairperson: The election of the chairperson will precede that of the vice -chairperson nominations. Elections of officers shall take place annually to coincide as closely as possible with the appointment terms of the commissioners. The commission, in event of a vacancy in either office, shall elect one (1) of its members for the unexpired term. (b) Meetings: The commission shall meet at City Hall, 77 Fair Drive, , on the times and dates set forth by resolution of the city council. In the event the regular meeting day falls on a holiday, the regular meeting shall be held on the next business day. A regular or adjourned meeting may be adjourned to a time and place specified in the ' order of adjournment. Special meetings may be called at any time by the chairperson, or in the absence of the chairperson, by the vice -chairperson, by the city manager, the mayor, or by the majority of the members of the commission, by notice delivered to each available member of the commission, at least twenty-four (24) hours previous to the meeting. A regularly scheduled meeting may be cancelled or rescheduled by a majority vote of the commission, with proper notice as required by law. (c) Quorum: A majority of the members of the commission shall constitute a quorum for the transaction of business. No action shall be taken by the commission unless it is concurred in and adopted by the affirmative vote of at least a majority of the members present. The powers conferred to the commission shall be exercised by motion of resolution and recorded in the minutes. Upon request of any member of the commission a roll call of the vote shall be conducted, and the results thereof recorded in the minutes. (d) Secretary. The secretary shall be designated jointly by the director of public services and the director of administrative services. The secretary shall record the minutes of the commission and shall maintain the records of its proceedings and transactions. 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, or their designees, shall be considered by the commission and report its actions, findings and recommendations to the city . council, the city manager, the director of administrative services, or the director of public services. Sec. 12-59. Membership. The parks and recreation commission shall consist of five (5) members appointed by the city council from qualified electors of the city, and no member of said commission shall hold any paid office or employment with the city government. Any compensation of the members of the commission shall be established by resolution of the city council." Section 2. 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 3. 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. PASSED AND ADOPTED this 201h day of ay, 2002 Mayor of the City of Costa Mesa ATTEST: uty City'Clerk of STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF COSTA MESA of Costa Mesa ss APPROVED AS TO FORM TY ATTORNEY 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. 02-10 was introduced and considered section by section at a regular meeting of the City Council held on the 6th day of May, 2002, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 20th day of May, 2002, by the following roll call vote: AYES: Dixon, Monahan, Cowan, Robinson, Steel NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 28' day of May, 2002. Deputy City 'Clerk a the City Council of th -officio Clerk of of Costa Mesa