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WITHDRAWN D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
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CARLSBAD MUNICIPAL CODE TO BE CONSISTENT
WITH STATE LAW
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
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as follows:
That sections 2.04.030 and 2.06.080 of the Carlsbad Municipal Code is8
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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
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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."