HomeMy WebLinkAbout2009-07-21; City Council; 19903; Vacancies in office amendment of CMCCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
19,903
07/21/09
CA
Amending Sections 2.04.030 and
2.06.080 of the Carlsbad
Municipal Code Vacancies - In
Office
DEPT. HEAD
CITY ATTY./^x
CITY MGR. , x
RECOMMENDED ACTION:
Introduce Ordinance No. cs-044 amending sections 2.04.030 and 2.06.080 of the Carlsbad
Municipal Code changing the thirty (30) days allotted to fill an elected official's vacancy or call
for a special election to sixty (60) days and changing the title of section 2.04.030.
ITEM EXPLANATION:
The proposed amendment to the Carlsbad Municipal Code, Vacancies - In Office enlarges the
time period in which the vacancy in office must be filled by appointment or special election from
thirty (30) days to sixty (60) days. There is a similar proposal pending in the State Assembly,
AB18 but since Carlsbad is now a charter city and has control of local elections the Council is
able to expand the length of time given to fill an elected official vacancy without waiting for AB
18 to pass.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this ordinance.
ENVIRONMENTAL IMPACT:
This ordinance amendment is not a "project" within the definition of the California Environmental
Quality Act in that it does not have a direct or indirect impact on the physical environment under
CEQA Regulation 15378(b).
EXHIBITS:
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Ordinance No. CS-044
Amended CMC section 2.04.030 (underline indicates changes)
Amended CMC section 2.06.080 (underline indicates changes)
DEPARTMENT CONTACT: Ron Ball (760) 434-2891
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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ORDINANCE NO. CS-044
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE SECTIONS 2.04.030 and 2.06.080
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VACANCIES - IN OFFICE
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows:
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SECTION 1: That section 2.04.030 of the Carlsbad Municipal Code is amended to
read as follows:o
9 2.04.030 Vacancies In Office
This section is adopted pursuant to Article XI section 5 of the California Constitution for
10 charter cities which provides plenary authority for the conduct of local elections. If a vacancy
occurs in an elected office of a member of the city council, the city clerk or city treasurer the
council shall, within sixty (60) 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
14 held on the next regularly established election date not less than one hundred fourteen (114)
days from the call of the special election. A person appointed, when no special election has been
15 called, or elected to fill a vacancy holds office for the unexpired term of the former incumbent.
16 If the council fails to fill the vacancy within sixty (60) days, it shall immediately call an
election to fill the vacancy, to be held on the next established election date not less than one
hundred fourteen (114) days thereafter.
SECTION 2: That section 2.06.080 of the Carlsbad Municipal Code is amended to read
as follows:
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 sixty (60) days of the effective date of 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 sixty (60) 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 one hundred fourteen days (114) thereafter. A person appointed or elected
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to fill a vacancy shall hold office for the unexpired term of the former incumbent.
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newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
the city clerk shall certify the adoption of this ordinance and cause it to be published at least once in a
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the _21stday of July , 2009, and thereafter
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8 PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council on the
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day of , 2009, by the following vote, to wit:
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AYES:
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NOES:
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ABSENT:
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APPROVED AS TO FORM AND LEGALITY:
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RONALD R. BALL, City Attorney
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CLAUDE A. LEWIS, Mayor
21 ATTEST:
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LORRAINE M. WOOD, City Clerk
(Seal)
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2.04.030 Vacancies In Office
This section is adopted pursuant to Article XI of the California Constitution for charter cities
which provides plenary authority for the conduct of local elections. If a vacancy occurs in an
elected office of a member of the City Council, the City Clerk or City Treasurer the council shall,
within sixty (60) 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 fourteen (114) 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.
If the Council fails to fill the vacancy within sixty (60) days, it shall immediately call an election
to fill the vacancy, to be held on the next established election date not less than one hundred
fourteen (114) days thereafter.
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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
sixty (60) days of the effective date of 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 sixty (60) 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 one hundred fourteen (114) days thereafter. A person appointed or
elected to fill a vacancy shall hold office for the unexpired term of the former incumbent.