HomeMy WebLinkAbout05-06 - Amending and Deleting Various Chapters and Sections of Title 2 of the Municipal CodeORDINANCE NO. 05-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER
III OF TITLE 2, DELETING SECTION 2-75, CHAPTER VII
OF TITLE 2, AMENDING SECTIONS 2-224 AND 2-224.5,
AND CHAPTER IX OF TITLE 2, AMENDING SECTIONS 2-
305 AND 2-309 OF THE COSTA MESA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
The City Council of the City of Costa Mesa, California, does hereby
declare:
WHEREAS, the California Government Code contains provisions relating
to the introduction and adoption of ordinances which are binding on the City of
Costa Mesa and which are in conflict with the provisions of Costa Mesa
Municipal Code Title 2, Chapter X, Section 2-75, which section is therefore no
longer necessary; and
WHEREAS, the City Council desires to eliminate superfluous and
conflicting language from the Municipal Code; and
WHEREAS, the City Council has acted to contract out the function of City
Attorney so that members of the City Attorney's Office are retained by contract
and are not City employees; and
WHEREAS, the City Council wishes to amend the Costa Mesa Municipal
Code to delete references to employment rights of the City Attorney; and
WHEREAS, the position of Assistant City Manager has been created as
an at -will position, requiring amendment to Section 2-224.5 of the Municipal
Code;and
WHEREAS, the City Council wishes to clarify the Appeal, Rehearing and
Review Procedure to confirm existing practice with respect to the deadline for
submissions of requests for appeal, rehearing and review.
NOW THEREFORE, the City Council of the City of Costa Mesa ordains as
follows:
Section 1. Section 2-75 of the Costa Mesa Municipal Code is hereby
repealed in its entirety.
Section 2. Section 2-224 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"The provisions of the personnel rules relating to attendance and leaves
shall apply to the city manager and other exempt positions."
Section 3. Section 2-224.5 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"(a) Unless otherwise expressly provided for in an applicable collective
bargaining agreement or employment contract, all city personnel
employed as city manager, assistant city manager, city treasurer, police
chief, fire chief, director of administrative services, director of development
services, director of finance, and director of public services are employed
on an at -will basis. Employment at -will may be terminated without cause,
without notice and without right to appeal at any time by the employee or
the city. No personnel employed in the positions set forth in this
subdivision (a) of section 2-224.5 has any authority to enter into an
agreement for employment for any specified period of time or to make an
agreement for employment on other than at -will terms, except an
agreement expressly approved by the city council. Only the city council
for the City of Costa Mesa has the authority to make any such agreement,
which is binding only if it is in writing.
(b) The city council is the appointing authority for the city manager, city
attorney, and the city treasurer.
(c) The city manager is the appointing authority for the assistant city
manager, police chief, fire chief, director of administrative services,
director of development services, director of finance, and director of public
services.
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Section 4. Section 2-305 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
"All applications for appeals, rehearings, and reviews must be filed, in writing,
during regular business hours of 8:00 a.m. - 5:00 p.m., Monday through Friday,
except holidays, and within the time limits hereinafter set forth:
(1) For all matters relating to the approval, disapproval or extension of
tentative and parcel maps, within ten (10) days from the date of the final
decision subject to appeal, rehearing or review.
(2) For all other items, within seven (7) days from the date of the final decision
subject to appeal, rehearing or review.
(3) For all matters requiring approval by the city, its employees, committees,
commissions or council and by the redevelopment agency, the time limits
for all applications shall begin on the date of the later of the following:
(a) Final decision by the city, its employees, committees, commissions
or council; or
(b) Final decision by the redevelopment agency.
If the final day for filing an application for appeal, rehearing or review falls on a
holiday or weekend day when City Hall is closed, the application shall be filed no
later than the next business day.
Section 5. Section 2-309 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
The person or body to hear an appeal shall be the following:
(1) From a decision of the city staff to the department head; except that
an appeal from a decision of the transportation services engineer
regarding traffic matters pursuant to Title 10 of this Code, shall be
made to the planning commission;
(2) From a decision of the department head to the city manager; except
that (a) an appeal from a decision of the development services
director on planning matters pursuant to Title 13 of this Code shall be
made to the planning commission, and (b) an appeal from a decision
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of the building official on building matters pursuant to Title 5 of this
Code shall be to the access, building, fire and housing board of
appeals as required by section 5-3 of this Code;
(3) From a decision of the city manager to the city council;
(4) From a decision of any city committee or commission to city council.
Section 6. 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 in that regard and this
Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND ADOPTED this 19'h day of April, 2005.
ATTEST:
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Dep# City Clerk 46f the
City of Costa Mesa
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Mayor
APPROVED ASTO �FORM:
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City Atto ney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, Julie Folcik, Deputy City Clerk and ex -officio clerk of the City Council of
the City of Costa Mesa, hereby certify that the above and foregoing Ordinance
No. 05-6 was introduced and considered section by section at a regular meeting
of said City Council held on the 5th day of April, 2005, and thereafter passed and
adopted as a whole at a regular meeting of said City Council held on the 19�
day of April, 2005, by the following roll call vote:
AYES: Mansoor, Monahan, Bever, Dixon, Foley
NOES: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 20th day of April, 2005.
DepW City Clerk and ex -officio
Clerk of the City Council of the
City of Costa Mesa
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