HomeMy WebLinkAbout2021-09-21; City Council; ; Repeal Carlsbad Municipal Code Chapter 2.20 – Chief Operations Officer and Amend Section 2.12.025 – Manager Pro Tempore – Acting City Manager Meeting Date: Sept. 21, 2021
To: Mayor and City Council
From: Celia Brewer, City Attorney
Staff Contact: Cindie McMahon, Assistant City Attorney
cindie.mcmahon@carlsbadca.gov, 760-434-2891
Sheila Cobian, Legislative & Constituent Services Director
sheila.cobian@carlsbadca.gov, 760-434-2917
Subject: Repeal Carlsbad Municipal Code Chapter 2.20 – Chief Operations Officer
and Amend Section 2.12.025 – Manager Pro Tempore – Acting City
Manager
Recommended Action
Introduce an ordinance repealing Carlsbad Municipal Code Chapter 2.20 – Chief Operations
Officer and amending Section 2.12.025 – Manager pro tempore—Acting city manager.
Executive Summary/Discussion
Chapter 2.20 of the city’s municipal code was adopted in 2016 to create the position of Chief
Operations Officer in the city. Section 2.12.025 of the code specifies who will serve as the acting
city manager in the event that the City Manager is temporarily absent or disabled. These
sections of the code need to be updated to reflect the current organizational structure in the
city.
The city’s Chief Operations Officer retired last year. The City Manager decided not to fill this
position. The Assistant City Manager is now responsible for fulfilling many of the duties and
responsibilities previously delegated to the Chief Operations Officer.
Carlsbad Municipal Code Section 2.12.025 currently states that the Chief Operations Officer will
serve as the manager pro tempore during any temporary absence or disability of the City
Manager. The City Manager wishes to designate the Assistant City Manager as the person to fill
the position as manager pro tempore during any such temporary absence or disability. Section
2.12.025 also allows the City Manager to designate other qualified city employees to serve as
acting city manager by filing a written notice with the City Clerk. If the City Manager is absent
for a period of more than two months, the City Council may appoint an acting city manager.
Options
Making this change would bring the city’s municipal code in line with the city’s current
management structure and more clearly define who will carry out the duties of the City
Manager in the event that the City Manager is temporarily absent or disabled. Staff do not see
any potential drawbacks to this proposed action.
Sept. 21, 2021 Item #4 Page 1 of 8
Fiscal Analysis
The existing FY 2021-2022 budgets for the City Attorney’s Office and City Clerk’s Office include
sufficient funding for the cost of amending the referenced Code provisions.
Next Steps
The City Clerk’s Office will prepare the ordinance for adoption at the next regular City Council
meeting. Once adopted, the City Clerk’s Office will publish the ordinance or a summary of the
ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective
30 days following the adoption.
Environmental Evaluation (CEQA)
In keeping with California Public Resources Code Section 21065, the recommended action does
not constitute a "project" within the meaning of California Environmental Quality Act because it
has no potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment. It, therefore, does not require
environmental review.
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. City Council ordinance
2. Proposed changes to the Carlsbad Municipal Code
3. Current city organization chart
Sept. 21, 2021 Item #4 Page 2 of 8
Sept. 21, 2021 Item #4 Page 3 of 8
ORDINANCE NO. CS-403
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING CHAPTER 2.20 AND AMENDING SECTION 2.12.025
OF THE CARLSBAD MUNICIPAL CODE
Exhibit 1
WHEREAS, Chapter 2.20 of the Carlsbad Municipal Code was adopted in 2016 to create the
position of Chief Operations Officer; and
WHEREAS, under Carlsbad Municipal Code Section 2.12.035(D), the City Manager is responsible
for assessing and reorganizing city positions as may be indicated in the interest of efficient, effective
and economical conduct of the city's business; and
WHEREAS, the City Manager has determined that the Chief Operations Officer position is no
longer necessary for the efficient, effective and economical conduct of the city's business; and
WHEREAS, the City Manager recommends the City Council repeal the chapter of the Carlsbad
Municipal Code relating to the position of Chief Operations Officer; and
WHEREAS, Carlsbad Municipal Code Section 2.12.025 designates the Chief Operations Officer
as the manager pro tempore during any temporary absence or disability of the City Manager; and
WHEREAS, it is important that the city has a contingency plan in the event that the City Manager
is temporarily absent or disabled; and
' WHEREAS, the City Manager recommends 'the City Council amend Carlsbad Municipal Code
Section 2.12.025 to designate the Assistant City Manager as the manager pro tempore during any
temporary absence or disability of the City Manager.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
Section 1: That Carlsbad Municipal Code, Title 2, Chapter 2.20 Chief Operations Officer is
repealed in its entirety.
Section 2: That Carlsbad Municipal Code Title 2, Chapter 2.12, Section 2.12.025 is amended
to read as follows:
2.12.025 Manager pro tempore-Acting city manager.
The assistant city manager shall serve as manager pro tempore during -any temporary
absence or disability of the city manager. In the event there is no assistant city manager,
the city manager, by filing a written notice with the city clerk, shall designate another
qualified city employee to exercise the powers and perform the duties of the city
manager during the city manager's temporary absence or disability. In the event the city
manager's absence or disability extends beyond a two-month period, the city council
Sept. 21, 2021 Item #4 Page 4 of 8
may, after the two-month period, appoint an acting city manager. Notwithstanding the
aforementioned provisions of this section, the city manager may, by filing a wriven
notice with the city clerk, designate a qualified dty employee to exercise the powers
and perform the duties of the city manager during the city manager1s temporary
absence of a period less than two months.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk1s Office shall certify the adoption of this ordinance and 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 21st
day of September 2021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ ~ 2021, by the following vote, to wit: ·
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney .
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
2.12.025 Manager pro tempore—Acting city manager.
The chief operations officerassistant city manager shall serve as manager pro tempore during any
temporary absence or disability of the city manager. In the event there is no chief operations officerassistant
city manager, the city manager, by filing a written notice with the city clerk, shall designate the assistant city
manager or another qualified city employee to exercise the powers and perform the duties of the city
manager during his or herthe city manager’s temporary absence or disability. In the event the city manager’s
absence or disability extends beyond a two-month period, the city council may, after the two-month period,
appoint an acting city manager. Notwithstanding the aforementioned provisions of this section, the city
manager may, by filing a written notice with the city clerk, designate a qualified city employee to exercise
the powers and perform the duties of the city manager during his or herthe city manager’s temporary
absence of a period less than two months.
Exhibit 2
Sept. 21, 2021 Item #4 Page 5 of 8
Chapter 2.20
CHIEF OPERATIONS OFFICER
Sections:
2.20.010 Position created—Authority.
2.20.020 Appointment.
2.20.030 Qualifications.
2.20.040 Compensation.
2.20.050 Powers and duties.
2.20.060 Office of the city attorney.
2.20.070 Absence or disability.
2.20.010 Position created—Authority. The position of chief operations officer is created and established. The chief operations officer shall consolidate all operational matters of the city into an entirely separate and distinct position,
reporting directly to the city manager.
2.20.020 Appointment. The position of chief operations officer shall be appointed by the city manager.
2.20.030 Qualifications. The chief operations officer shall be qualified by sufficient education, technical training, skill and
experience to be proficient in the position.
2.20.040 Compensation. The chief operations officer shall receive such compensation as set by the city manager. The chief operations officer’s base salary shall not exceed 80% of the base salary of the city manager
and shall be a proper charge against such funds of the city as the city council designates.
2.20.050 Powers and duties. The chief operations officer shall have the power and is required to do the following:
A. Administration of City Affairs. The chief operations officer shall have charge of the day-to-day operations, as assigned by and under the direction of the city manager, to ensure the efficient and effective delivery of services.
B. Leadership and Support. The leadership and support provided by the chief operations officer shall facilitate a high performing organization and the fulfillment of the city mission, values and goals.
C. Planning. The chief operations officer, in collaboration with the city manager and other executive level city staff, shall develop operating strategies to achieve the city’s mission, values and goals, as well as city council policy direction.
D. Resourcing. The chief operations officer, in collaboration with department directors, shall identify resources needed to carry out the core functions of the city, as well as any special projects, initiatives or goals to support city council policy direction, at a level that reflects
Carlsbad’s high standard of service.
E. Other Functions. The chief operations officer shall perform such other functions as the city manager may from time to time specify, or assign.
Sept. 21, 2021 Item #4 Page 6 of 8
2.20.060 Office of the city attorney. This chapter shall not apply to the role and functions of the city attorney and employees of the city attorney’s office.
2.20.070 Absence or disability. Should the chief operations officer be absent or disabled, the city manager may at his or her sole discretion designate a temporary acting chief operations officer.
Sept. 21, 2021 Item #4 Page 7 of 8
Environmental ManagementJames Wood
City ManagerScott Chadwick
Fire DepartmentMichael Calderwood
Community DevelopmentJeff Murphy
Police Department
Mickey Williams
Finance Ryan Green
Assistant City ManagerGeoff Patnoe
Communication & Engagement
Kristina Ray
TransportationTom Frank
UtilitiesVicki Quiram
Fleet & FacilitiesJohn MaashoffHuman ResourcesJudy Von Kalinowski
Information TechnologyMaria Callander
Parks & RecreationKyle Lancaster
Library & Cultural ArtsSuzanne Smithson
Deputy City Manager
Community ServicesGary Barberio
Deputy City Manager
Administrative ServicesLaura Rocha
Deputy City Manager
Public WorksPaz Gomez
Sept. 8, 2021
City Council
City AttorneyCelia Brewer
Intergovernmental AffairsJason Haber
Construction Management
& InspectionBabaq Taj
Legislative & Constituent
ServicesSheila Cobian
Innovation & Economic
Development
David Graham
Office of the City Clerk
Faviola Medina
The People
Housing & Homeless ServicesMandy Mills
Exhibit 3Sept. 21, 2021 Item #4 Page 8 of 8
Cindie McMahon, Assistant City Attorney
Sheila Cobian, Director of Legislative & Constituent Services
Sept. 21, 2021
Code Changes: Chief Operations
Officer and Manager Pro
Tempore
{_city of
Carlsbad
PROPOSED ACTION
•Introduce an ordinance repealing Carlsbad
Municipal Code Chapter 2.20 –Chief
Operations Officer and amending Section
2.12.025 –Manager pro tempore—Acting
city manager
ITEM 4: CODE CHANGES
('city of
Carlsbad
CHIEF OPERATIONS OFFICER
•Position created in 2016 by adding Chapter
2.20 to the Code
•Last incumbent retired in 2020; position no
longer exists
•Many duties now handled by the Assistant City
Manager
ITEM 4: CODE CHANGES
('city of
Carlsbad
MANAGER PRO TEMPORE
•Section 2.12.025 identifies the COO as the
manager pro tempore
•COO position no longer exists
•Assistant City Manager now serves this role
ITEM 4: CODE CHANGES
1111111
('city of
Carlsbad
PROPOSED ACTION
•Introduce an ordinance repealing Carlsbad
Municipal Code Chapter 2.20 –Chief
Operations Officer and amending Section
2.12.025 –Manager pro tempore—Acting
city manager
ITEM 4: CODE CHANGES
('city of
Carlsbad
QUESTIONS?
ITEM 4: CODE CHANGES
('city of
Carlsbad