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