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HomeMy WebLinkAbout2007-04-10; City Council; 18955; Municipal Code Amendment Elected Official VacancyCITY OF CARLSBAD - AGENDA BILL AB# MTG, DEPT. 18,955 4-10-07 CA Amendment to Carlsbad Municipal Code Sections 2.04.030 and 2.06.080 DEPT. HEAD CITY ATTY. (ff^. CITY MGR. "5v> RECOMMENDED ACTION: Introduce Ordinance No. NS-836 amending Carlsbad Municipal Code sections 2.04.030 and 2.06.080. ITEM EXPLANATION: Carlsbad Municipal Code Section 2.04.030 specifies that a special election shall be called to fill the vacancy of an elected official within 30 days of the commencement of the vacancy. Ordinance No.NS-836clarifies the code by changing this language to read "within 30 days of the effective date of the vacancy." Carlsbad Municipal Code Section 2.06.080 was adopted pursuant to state law which has now been amended to specify that if a special election is called it will be on a date not less than 114 days from the call for the special election rather than the 90 days as currently specified in our code. In addition, Section 2.06.080 does not contain the language contained in section 2.04.030 which allows for a special election to fill a vacancy after petition by 10% of the registered voters. Ordinance No. NS-836 makes our code section 2.06.080 consistent with the provisions of state law and consistent with our code section 2.04.030. FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: None. EXHIBITS: 1.Ordinance No. NS-836 2.Redline 760.434.2891 FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 2 3 CARLSBAD MUNICIPAL CODE TO BE CONSISTENT WITH STATE LAW 5 NOW, THEREFORE, the City Council of the City of Carlsbad ordains 6 as follows: That sections 2.04.030 and 2.06.080 of the Carlsbad Municipal Code is8 9 10 11 12 13 14 16 17 18 23 24 25 ORDINANCE NO. NS-836 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO AMEND SECTIONS 2.04.030 AND 2.06.080 OF THE amended to read as follows: "2.04.030 Vacancies-Special election to fill after a term of temporary appointee. This section is adopted pursuant to the authority of California Government Code Section 36512. If a vacancy occurs in an elected office provided for in Chapter 1 of Part 1 of Division 3 of the California Government Code (Government Code Section 36500 et seq.), the council shall, within thirty days of the effective date of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy, provided, however, that when petitions bearing ten percent of the verified signatures of registered voters are presented to the city clerk, a special election shall be called. A person appointed by the council to fill a vacancy in such circumstances, shall hold office until the date of the special election. The special election shall be held on the next regularly established election date not less than one hundred 20 fourteen days from the call of the special election. A person appointed, when no special election has been called, or 21 elected to fill a vacancy holds office for the unexpired term of the former incumbent."22 "2.06.080 Vacancy in office. In the case of a vacancy in the office of the mayor for any reason, the city council shall, within thirty days of the effective date of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy, provided, however, 26 that when petitions bearing ten percent of the verified 27 signatures of registered voters are presented to the city clerk, a special election shall be called. If the city council fails to fill 28 the vacancy within thirty days, it shall immediately call an election to fill the vacancy, to be held on the next established 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 election date to be held not less than one hundred fourteen days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause iti 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 10th day of April , 2007, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2007, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (Seal) REDLINED / STRIKEOUT VERSION "2.04.030 Vacancies-Special election to fill after a term of temporary appointee. This section is adopted pursuant to the authority of California Government Code Section 36512. If a vacancy occurs in an elected office provided for in Chapter 1 of Part 1 of Division 3 of the California Government Code (Government Code Section 36500 et seq.), the council shall, within thirty days from the commencement of the effective date of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy, provided, however, that when petitions bearing ten percent of the verified signatures of registered voters are presented to the city clerk, a special election shall be called. A person appointed by the council to fill a vacancy in such circumstances, shall hold office until the date of the special election. The special election shall be held on the next regularly established election date not less than one hundred fourteen days from the call of the special election. A person appointed, when no special election has been called, or elected to fill a vacancy holds office for the unexpired term of the former incumbent." "2.06.080 Vacancy in office. In the case of a vacancy in the office of the mayor for any reason, the city council may fill the vacancy by appointment, shall, within thirty days of the effective date of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy, provided, however, that when petitions bearing ten percent of the verified signatures of registered voters are presented to the city clerk, a special election shall be called. If the city council fails to fill the vacancy within thirty days, it shall immediately call an election to fill the vacancy, to be held on the next established election date to be held not less than ninety one hundred fourteen days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent."