HomeMy WebLinkAbout05 - NB-1 - Amendment of Costa Mesa Code 2-101 - 4/5/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 5, 2011 ITEM NUMBER: N BA
l .
SUBJECT: AMENDMENT OF COSTA MESA MUNICIPAL CODE SECTION 2-101
DATE: MARCH 24, 2011
FROM:. THOMAS P. DUARTE, CITY ATTORNEY
PRESENTATION BY: THOMAS HATCH, CEO
FOR FURTHER INFORMATION CONTACT: THOMAS P. DUARTE, CITY ATTORNEY,
(714) 754-5399
RECOMMENDATION:
Introduce and give first reading, and waive further reading, of an ordinance amending
Section 2-101 of the Costa Mesa Municipal Code relating to the Assistant City Manager.
BACKGROUND:
At a previous meeting, the City Council gave first reading to Ordinance No. 11-3 revising
Section 2-97 of the Costa Mesa Municipal Code to recognize that the City Manager is the
Chief Executive Officer of the City. The motion by the City Council also included an
amendment addressing the Assistant City Manager as Assistant Chief Executive Officer
of the City. An amendment to Section 2-101 would effectuate the part of the motion
relating to the Assistant City Manager as Assistant Chief Executive Officer.
ALTERNATIVES CONSIDERED:
The Council could choose not to amend Municipal Code section 2-101 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
the proposed Ordinance amending Costa Mesa Municipal Code section 2-101 or, in the
alternative, to give direction to staff regarding further or different revisions to be brought
forward.
TH MAS . U RTE
City Attorney
Attachments: 1 Ordinance No. 11-XX-
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ORDINANCE NO. 11 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA AMENDING COSTA MESA MUNICIPAL
CODE SECTION 2-101.
WHEREAS, the City Council has previously recognized that the City Manager is the
Chief Executive Officer of the City of Costa Mesa; and
WHEREAS, the Costa Mesa Municipal Code should also identify the Assistant City
Manager as the Assistant Chief Executive Officer of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. 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/CEO, 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/CEO 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 forth herein. The assistant city manager is the
assistant chief executive officer of the city and may be referred to as the
assistant city manager or the Assistant CEO. All references in this code,
adopted council resolutions or policies to the assistant city manager or to the City
Assistant CEO shall refer to the assistant 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 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 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 day of , 2011.
ATTEST:
Julie Folcik
City Clerk of the City of Costa Mesa
Gary Monahan
Mayor of the City of Costa Mesa
APPROVED AS TO FORM:
Thomas P. Duarte, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Julie Folcik, 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. 11- was introduced
and considered section by section at a regular meeting of said City Council held on the
day of March 2011, and thereafter passed and adopted as a whole at a. regular meeting of
said City Council held on the day of , 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this day of )2011.
City Clerk and ex -officio Clerk of the
City Council of the City of Costa Mesa