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HomeMy WebLinkAbout2009-07-28; City Council; 19914; CMC amendment related to elected office vacanciesCITY OF CARLSBAD - AGENDA BILL AB# 19,914 MTG. 07/28/09 DEPT. Clerk AMENDMENT TO CARLSBAD MUNICIPAL CODE REGARDING VACANCIES IN OFFICE DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-044 amending Sections 2.04.030 and 2.06.080 of the Carlsbad Municipal Code to change 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: Ordinance No. CS-044 was introduced and first read at the City Council meeting held on July 21, 2009. The second reading allows the City Council to adopt the ordinance which will become effective in thirty (30) days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 19,903 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. CS-044. DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2917 karen.kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 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 ORDINANCE NO. CS-044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTIONS 2.04.030 and 2.06.080 VACANCIES - IN OFFICE NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows: SECTION 1: That section 2.04.030 of the Carlsbad Municipal Code is amended to read as follows: 2.04.030 Vacancies In Office This section is adopted pursuant to Article XI section 5 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. 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 to fill a vacancy shall hold office for the unexpired term of the former incumbent. -1 - 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 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 it 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 21st day of July 2009, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 28th day of July 2009, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY: I VA/.I £r«iggg-. RONALD R. BALL, City Attorney OJDEA LEWIS.Tvlayor ATTEST: Karen R. Kundtz, Assistant City Clerk