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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