HomeMy WebLinkAbout2007-04-17; City Council; 18958; Amendment to CMC sections 2.04.030 and 2.06.080CITY OF CARLSBAD - AGENDA BILL
AB# 18-958
MTG. 04/17/07
DEPT. Clerk
AMENDMENT TO
CARLSBAD MUNICIPAL CODE
SECTIONS 2.04.030 AND 2.06.080
DEPT. HEAD ffUJ
CITY ATTY. ^
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-836 amending Sections 2.04.030 and 2.06.080 of the Carlsbad
Municipal Code to be consistent with provisions of state law.
ITEM EXPLANATION:
Ordinance No. NS-836 was introduced and first read at the City Council meeting held on
April 10, 2007. The second reading allows the City Council to adopt the ordinance, which
shall be effective no sooner than thirty days after its adoption.
The City Clerk shall certify to the adoption of Ordinance No. NS-836 and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption.
FISCAL IMPACT:
See Agenda Bill No. 18,955 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. NS-836.
DEPARTMENT CONTACT: Sherry Freisinger (760) 434-2809, sfrei(S)ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED KL
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WITHDRAWN D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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3 SECTIONS 2.04.030 AND 2.06.080 OF THE
4 CARLSBAD MUNICIPAL CODE TO BE CONSISTENT
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
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as follows:7
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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.(
CARLSBAD MUNIC
WITH STATE LAW
That sections 2.04.030 and 2.06.080 of the Carlsbad Municipal Code is
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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it to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
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Carlsbad City Council on the 10th day of April. 2007, and thereafter.10
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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
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 17th day of April, 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard
NOES: None
ABSENT: Council Member Nygaard
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
RONMfoBALL, City Attorney
ATTEST: