HomeMy WebLinkAbout90-13 - Creating and Establishing a Parks, Recreation Facilities, and Parkways CommissionORDINANCE NO. D -I
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF COSTA MESA,
CALIFORNIA, CREATING AND ESTABLISHING
A PARES, RECREATION FACILITIES AND
PARKWAYS COMMISSION.
WHEREAS, the City of Costa Mesa is required by Government
Code Section 65564 to provide for an action program to pursue in
implementing its open -space plan.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter III is hereby added to Title 12 of the
Costa Mesa Municipal Code to read as follows:
CHAPTER III.
PARKS, RECREATION FACILITIES AND PARKWAYS COMMISSION
Sec. 12-56 Commission Established.
There is hereby established as a part of the government of
the City of Costa Mesa, a Parks, Recreation Facilities and
Parkways Commission, which shall have power to be required to:
a. Consider matters that may be referred to it by the
City Council, the City Manager, the Director of Community
Services, or the Director of Public Services, and render such
counsel and advise 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 and parks, recreation
facilities and parkways matters, or to determine an action
program to pursue in implementing the City of Costa Mesa open -
space plan and report its findings and recommendations to the
City Council, the City Manager, the Director of Community
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 the
on the necessity for removal of parkway trees as provided in
Title 15, Chapter 1, Section 15-11(2) of this Code, and the
necessity for terms and conditions for retention of trees as
provided in Title 15, Chapter 1, Section 15-11(3)(c) of this
Code.
Sec. 12-58. Rules and Regulations.
The Commission shall operate under the following rules and
regulations:
a. Chairman. Vice -Chairman: The election of the
Chairman will precede that of the Vice -Chairman nominations.
2
Elections of officers shall take place at the first regular
meeting in July of each year. The Commission, in event of a
vacancy in either office, shall elect one of its members for the
unexpired term.
b. Meetings: The Commission shall meet each month at
City Hall, 77 Fair Drive, Fifth Floor, on the first Wednesday at
6:30 P.M. 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 Chairman, or in the
absence of the Chairman, by the Vice -Chairman, 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 24 hours previous to the meeting.
C. Quorum: One more than half 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 receipt 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 by
the Director of Community Services. The Secretary shall record
3
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 Community 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 Community Services, or Director of
Public Services.
Sec. 12-59. Membership.
The Parks, Recreation Facilities and Parkways
Commission shall consist of seven (7) members to be appointed by
the City Council from the qualified electors of the City, and no
member of said Commission shall hold any paid office or
employment of the City government. Any compensation of members
of the Commission shall be established by resolution of the City
Council.
SECTION 2. Subsection (2) of Section 15-11, Chapter 1,
Title 15, of the Costa Mesa Municipal Code is hereby amended to
read as follows:
(2) In the event that it becomes in the judgment of
the City necessary to remove the parkway trees because of roots
networks doing damage to public streets, curbs, gutters, and
sidewalks or for any reason which in the judgment of City
4
constitutes a public nuisance, or an undue and unreasonable
exposure to liability for injuries to persons and property, said
trees shall be forthwith removed. Before said trees are removed,
the Parks, Recreation Facilities and Parkways Commission may
provide recommendations and findings to the City Council, City
Manager, the Director of Community Services, or the Director of
Public Services as provided in Chapter III, Title 12 of this
Code.
SECTION 3. Paragraph (c) of Subsection (3), Section 15-11,
Chapter 1, Title 15, of the Costa Mesa Municipal Code is hereby
amended to read as follows:
(c) An agreement to conform with any other terms and
conditions which City may reasonably impose for its protection
against loss by reason of injury to person or property of others.
Before said terms and conditions are imposed, the Parks,
Parkways, and Recreation Commission may provide recommendations
and findings to the City Council, City Manager, the Director of
Community Services, or the Director of Public Services as
provided in Chapter III, Title 12 of this Code.
SECTION 4. This Ordinance shall take effect and be in
full force thirty (30) days from and after the passage thereof,
and prior to the expiration of fifteen (15) days from its passage
shall be published once in the ORANGE COAST DAILY 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 Ordiance and a certified
5
copy of the text of this Ordinance shall be posed 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
-F- '.
PASSED AND ADOPTED this6W day day of
1990.
Mayor of the Ci f Costa Mesa
Attest:
CIty Clerk of the City of C a Mesa
APPROVED AS TO FORM:
City Attorney
G
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, 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. GD -13 was introduced and
considered section by section at a reg ar meet'ng of said City
Council held on the day of , 1990,
and thereafterpassed and adopted as a ho
of said City Council held on the
1990, by the following roll call v te:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: .
t a
cf
IN WITNESS WHEREOF, I have hereby set hand and affixed
the Se 1 f the City of Costa Mesa this m — day of
1990.
CityClerk and ex -o ficin Clerk�o h
City Council of the City of Cc a Mesa