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HomeMy WebLinkAbout2021-09-28; City Council; ; Adoption of Ordinance No. CS-403 – Repeal Carlsbad Municipal Code Chapter 2.20 and amend Section 2.12.0 Meeting Date: Sept. 28, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager Faviola.medina@carlsbadca.gov, 760-434-5989 Subject: Adoption of Ordinance No. CS-403 – Repeal Carlsbad Municipal Code Chapter 2.20 and amend Section 2.12.025 Districts: All Recommended Action Adopt Ordinance No. CS-403 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 Ordinance No. CS-403 was introduced and first read at the City Council meeting held Sept. 21, 2021. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the City Council voted 5-0 to introduce Ordinance No. CS-403. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after the adoption. Fiscal Analysis The existing fiscal year 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 have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within fifteen days following adoption of the ordinance. Environmental Evaluation In keeping with California Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Public Notification and Outreach This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Ordinance No. CS-403 Sept. 28, 2021 Item #7 Page 1 of 3 ORDINANCE NO. CS-403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING CHAPTER2.20 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, t he 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 managerr 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 may, after the two-month period, appoint an acting city manager. Notwithstanding t he 7 Sept. 28, 2021 Item #7 Page 2 of 3 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 the city manager's temporary absence of a period less than two months. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk's 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 Counci l of the City of Carlsbad on the 2g!h day of September 2021. by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby. NAYS: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney (SEAL) Sept. 28, 2021 Item #7 Page 3 of 3