HomeMy WebLinkAbout16 - NB-7 - Amendment Costa Mesa Municipal Code 2-97 - 2/15/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 15, 2011 ITEM NUMBER: V_7
SUBJECT: AMENDMENT OF COSTA MESA MUNICIPAL CODE SECTION 2-97
DATE: FEBRUARY 10, 2011
FROM: KIMBERLY HALL BARLOW, CITY ATTORNEY
PRESENTATION BY: HAROLD W. POTTER, ASSISTANT CITY ATTORNEY
FOR FURTHER INFORMATION CONTACT: KIMBERLY HALL BARLOW, CITY ATTORNEY,
(714) 754-5399
RECOMMENDATION:
Introduce and give first reading, and waive further reading, of an ordinance amending section 2-
97 of the Costa Mesa Municipal Code concerning appointment of the City Manager.
BACKGROUND:
Council Member Mensinger previously requested that the City Attorney determine whether it
would be lawful to change the title of the City Manager to Chief Executive Officer to make clear
to the public the City Manager is, the Chief Executive Officer of the City of Costa Mesa, just as
businesses have Chief Executive Officers.
ANALYSIS:
The California Government Code provides for the Council/City Manager form of government
which typically applies to general law cities, and which was explicitly adopted in Costa Mesa
when it was incorporated. There is no legal impediment to calling the City Manager by another
title; however Costa Mesa's Municipal Code, Council Policies, Personnel Rules and
Administrative Regulations contain numerous references to the City Manager. Thus, it appears
that the most expedient way of addressing the title of the City Manager is by amending Costa
Mesa Municipal Code section 2-97 to explicitly provide that the City Manager is the chief
executive officer of the City and may be referred to as such or the CEO.
ALTERNATIVES CONSIDERED:
The Council could choose not to amend Municipal Code section 2-97 or give direction to staff
regarding alternative changes to be made.
FISCAL REVIEW:
There is no fiscal impact from this revision.
CONCLUSION:
The Council is requested to introduce, give first reading to, and waive further reading of
proposed Ordinance amending Costa Mesa Municipal Code section 2-97 or, in the alternative to
give direction to staff re: further or different revisions to be brought forward.
KIMBERLY HALL BARLOW
City Attorney
Attachment 1 Ordinance No. 11 -XX
V-1 I WTI ►411111T.61:11
City Manager
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ATTACHMENT 1
ORDINANCE NO. 11 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING COSTA
MESA MUNICIPAL CODE SECTION 2-97.
WHEREAS, the City Council wishes to recognize that the City Manager is the
Chief Executive Officer of the City of Costa Mesa; and
WHEREAS, the Costa Mesa Municipal Code should identify the City Manager
as the Chief Executive Officer of the City.
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. The city manager is the chief executive officer of the city and
may be referred to as the city manager or the CEO. All references in this
code, adopted council resolutions or policies to the city manager or to the
City CEO shall refer to the city manager.
Section 2. 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 3. 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.
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PASSED AND ADOPTED this 15th day of February, 2011.
ATTEST:
Julie Folcik, City Clerk
Gary Monahan, Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
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