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Home My WebLink About16 - OB-1 - Amendment of Costa Mesa Municipal 2-97 - 1/17/2017CITY COUNCIL AGENDA REPORT MEETING DATE: January 17, 2017 ITEM NUMBER: OB -1 SUBJECT: AMENDMENT OF COSTA MESA MUNICIPAL CODE SECTIONS 2-97 and 2-101 CHANGING THE TITLE OF CHIEF EXECUTIVE OFFICER TO CITY MANAGER AND ASSISTANT CHIEF EXECUTIVE OFFICER TO ASSISTANT CITY MANAGER DATE: JANUARY 5, 2017 FROM: OFFICE OF THE CHIEF EXECUTIVE OFFICER PRESENTATION BY: ASHLEY M. GARCIA, MANAGEMENT ANALYST FOR FURTHER INFORMATION CONTACT RECOMMENDATION: ASHLEY M. GARCIA, MANAGEMENT ANALYST (714) 754-5249 Staff recommends that the City Council give second reading to and adopt the attached ordinance amending sections 2-97 and 2-101 of the Costa Mesa Municipal Code to remove references to the Chief Executive Officer and Assistant Chief Executive Officer and change the titles to City Manager and Assistant City Manager respectively. BACKGROUND: In February 2011, the City Council formally changed the title of City Manager to Chief Executive Officer. Section 2-97 of the Costa Mesa Municipal Code was amended to state that the City Manager may be referred to as the City's CEO. Subsequently, the Assistant City Manager title was changed to Assistant Chief Executive Officer in April 2011, and Section 2-101 of the Costa Mesa Municipal Code was accordingly amended to state that the title Assistant CEO could be used. At the request of Mayor Foley, the City Council considered adoption of an ordinance to change back the titles to City Manager and Assistant City Manager for consistency amongst local municipalities at its meeting held January 3, 2017. Introduction of the ordinance and first reading was approved by the City Council. If approved for second reading and adoption tonight, the ordinance will go into effect in 30 days. ANALYSIS: From the date of incorporation in 1953 until February 2011, the highest-ranking public official in the City of Costa Mesa was called the City Manager. In its Municipal Code, Costa Mesa explicitly adopted the Council -Manager form of government and established the office of the city manager. As such, the City Manager and Assistant City Manager titles are appropriate and will ensure consistency amongst local municipalities. 32 of the 34 cities in Orange County title the highest-ranking appointed public official, City Manager. The current exceptions include the title of Chief Executive Officer in Costa Mesa and City Administrator in Placentia. 1 In order to change the titles back to City Manager and Assistant City Manager, the proposed ordinance amends Section 2-97 of the Costa Mesa Municipal Code relating to the city manager and Section 2-101 relating to the assistant city manager to remove language referring to the CEO and Assistant CEO titles. No other changes to the sections are proposed. ALTERNATIVES CONSIDERED: The City Council could choose not to amend Municipal Code sections 2-97 and 2-101 or give direction to staff regarding alternative changes to be made. FISCAL REVIEW: This change would result in minor costs associated with new signage, stationery, collateral materials and necessary reference changes to the Costa Mesa Municipal Code, Personnel Rules and Administrative Regulations. LEGAL REVIEW: The City Attorney's Office has reviewed the documents and approved them as to form. CONCLUSION: City Council to give second reading to and adopt the attached ordinance amending the Costa Mesa Municipal Code sections 2-97 and 2-101. ASHLEY M. GARCIA Management Analyst THOMAS P. DUARTE City Attorney THOMAS R. HATCH Chief Executive Officer ATTACHMENTS: 1 Ordinance No. 17 -XX 2 Proposed red -lined changes to the Municiaal Code 2 ORDINANCE NO. 17 -XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING COSTA MESA MUNICIPAL CODE SECTIONS 2-97 AND 2-101 CHANGING THE TITLE OF CHIEF EXECUTIVE OFFICER TO CITY MANAGER AND ASSISTANT CHIEF EXECUTIVE OFFICER TO ASSISTANT CITY MANAGER. WHEREAS, the City Council desires to amend Section 2-97 of the Costa Mesa Municipal Code to remove references to the City Manager as the City's chief executive officer; and WHEREAS, the City Council also desires to amend Section 2-101 of the Costa Mesa Municipal Code to remove references to the City's CEO and the Assistant City Manager as the Assistant CEO. WHEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-97 of the Costa Mesa Municipal Code is hereby amended to read as follows: Sec. 2-97. - Office created; appointment, tenure. The office of city manager is hereby created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability and shall hold office at and during the pleasure of the city council as provided for in section 2-224.5 of this Code. Section 2. Section 2-101 of the Costa Mesa Municipal Code is hereby amended to read as follows: Sec. 2-101. - Absence; manager pro tem. In case of the absence or disability of the city manager, the assistant city manager shall act in his or her stead. If the assistant city manager is unable to act as manager, the city council may designate some duly qualified person to perform the duties of the city manager during the period of absence or disability of the city manager, subject, however, to said person furnishing a corporate surety bond conditioned on 1 the faithful performance of the duties required to be performed as set forth herein. Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law. 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 NEWPORT BEACH/COSTA MESA 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 Ordinance and a certified copy of the text of this Ordinance shall be posted 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 and member of the City Council voting for and against the same. PASSED AND ADOPTED this 17th day of January, 2017. ATTEST: Mayor APPROVED AS TO FORM: Brenda Green, City Clerk Thomas P. Duarte, City Attorney 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 17- was duly introduced for first reading at a regular meeting of the City Council held on the 3rd day of January, 2017, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 17th day of January, 2017, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of January, 2017. BRENDA GREEN, CITY CLERK 3 (SEAL) I hereby certify that the above and foregoing is the original of Ordinance No. 17-_ was duly passed and adopted by the Costa Mesa City Council at the regular meeting held January 17, 2017, and that Summaries of the Ordinance were published in the Newport Beach -Costa Mesa Daily Pilot on , 2017 and , 2017. (SEAL) BRENDA GREEN, CITY CLERK 19 Sec. 2-97. - Office created; appointment, tenure. The office of city manager is hereby created and established. The city manager shall be appointed by the city council solely on the basis of his executive and administrative qualifications and ability and shall hold office at and during the pleasure of the city council as provided for in section 2-224.5 of this Code. The Gity monomer is Sec. 2-101. - Absence; manager pro tem. In case of the absence or disability of the city managerlGEQ, the assistant city manager shall act in his or her stead. If the assistant city manager is unable to act as manager, the city council may designate some duly qualified person to perform the duties of the city manager/C€9 during the period of absence or disability of the city manager, subject, however, to said person furnishing a corporate surety bond conditioned on the faithful performance of the duties required to be performed as set The assistant y manager assistant ief a Live effiner of the forth herein. ,�,��.r��Ei#�ge�+s t#e-�,r��c�iT�e�c�c� refereRGes OR this Code, adopted GGUnGil resolutions OF PGIiGies to the assistant Gity