HomeMy WebLinkAbout2014-07-22; City Council; 21699; Amending Code Section 2.06.070 Appointments to Mayor, Council Boards, Commissions, Committees ProcessCITY OF CARLSBAD - AGENDA BILL 17
AB#
21.699
Introduction of an Ordinance Amending Carisbad
Municipal Code (CMC) Section 2.06.070
DEPT. r<r>^ ^
DIRECTOR V^^/
MTG. July 22, 2014 Appointments to Mayor and City Council Appointed CITY ATTY.'^-r^
DEPT. City Clerk's Boards, Commissions, and Committees and of CITY MGR.
Office Adoption of a Resolution Approving Council Policy
for the Appointment Process of Mayor and City
Council Appointments to Boards, Commissions, and
Committees
RECOMMENDED ACTION:
1) Introduction of Ordinance No. CS-259, amending Carlsbad Municipal Code section
2.06.070 Appointments to Mayor and City Council appointed boards, commissions, and
committees.
2) Adoption of Resolution No. 2014-190 adding a Council Policy for the appointment
process of Mayor and City Council appointed board, commission and committees.
ITEM EXPLANATION:
Section 2.06.070 of the Carlsbad Municipal Code reads: The Mayor, with the approval of the
City Council, shalt make att appointments to boards, commissions and committees with the
exception of the Ptanning Commission, and unless otherwise specifically provided by statute.
Section 2.06.070 is being amended to create a more efficient process for the appointment to
all boards, commissions, and committees.
Government Code Section 54974 refers to the unscheduled vacancy which occurs in any board,
commission, or committee for which the legislative body has the appointing power, whether
due to resignation, death, termination, or other causes, a special vacancy notice shall be
posted in the office of the clerk of the local agency, and the library designated pursuant to
Section 54973, and in other places as directed by the legislative body, not earlier than 20 days
before or not later than 20 days after the vacancy occurs. Final appointments to the board,
commission, or committee shall not be made by the legislative body for at least 10 working
days after the posting of the notice in the clerk's office.
With recent appointments to boards, commissions and committees it has come to staffs
attention that a Council Policy which is based on Government Code section 54974 would assist
in the implementation of the appointment process, while providing greater transparency to the
residents of Carlsbad. Approving the resolution (Exhibit 3) will adopt the Council Policy (Exhibit
4) that provides greater consistency for all board, commission and committee appointments.
DEPARTMENT CONTACT: Shelley Collins 760-434-2917 ShelleY.Colllns@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Boartis, Commissions and Committees
Page 2
FISCAL IMPACT: None.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of CEQA in that there is no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore, does not require environmental review.
EXHIBITS:
Exhibit 1 Ordinance amending Carlsbad Municipal Code § 2.06.070
Exhibit 2 Carlsbad Municipal Code Chapter 2.06 strikeout/additions
Exhibit 3 Resolution adopting Council Policy - Appointments to Boards, Commissions, and
Committees
Exhibit 4. Council Policy - Appointments to Boards, Commissions, and Committees
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ORDINANCE NO. CS-259
INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CAUFORNIA, AMENDING CARLSBAD MUNICIPAL
CODE SECTION 2.06.070 FOR THE APPOINTMENT PROCESS OF
MAYOR AND COUNCIL APPOINTED BOARDS, COMMISSIONS, AND
COMMITTEES
WHEREAS, the City Council of the City of Carlsbad, California amending
Carlsbad Municipal Code Section 2.06.070, the City Council has reviewed and considered
for the appointment process of Mayor and City Council appointed positions to boards,
commissions and committees; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD DOES
ORDAIN AS FOLLOWS:
SECTION 1: The Carisbad Municipal Code section 2.06.070 is amended to
read in full as follows:
2.06.070 Appointments.
The appointments shall be made bythe Mayor with City Council concurrence
except for the Planning Commission (CMC 2.06.070) and Historic Preservation
Commission (CMC 2.42.020) which are appointed by a majority of the City Council.
Unless Mayor appointment, the item will be listed on the agenda under Consent Calendar
and will list the board, commission, and committee with vacancy and the name of person
to be appointed. The City Council will vote and if a majority concurs the appointment will
be finalized and entered into the meeting minutes.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 22"-^ day of July, 2014, and thereafter,
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EXHIBIT 1
PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of
Carlsbad on the day of , 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
I APPROVED AS TO FORM AND LEGALITY:
Celia A. Brewer, City Attorney
MATT HALL Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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EXHIBIT 1
Chapter 2.06 MAYOR
Sections:
2.06.010 Term of office.
2.06.020 Presiding at meetings.
2.06.030 Keeping order.
2.06.040 Mavor as council member.
2.06.050 Signing various documents.
2.06.060 Ceremonial duties.
2.06.070 Appointments.
2.06.080 Vacancy in office.
2.06.090 Eligibilitv for office.
2.06.010 Term of office.
In accord with a vote ofthe citizens ofthe city, the office of mayor shall be an elected office. The person
elected as mayor shall hold office for a term of four years from the first Tuesday succeeding his election
and until his successor is elected and qualified.
2.06.020 Presiding at meetings.
The mayor shall assume the chair of the presiding officer on the first Tuesday after the election and
thereafter shall preside at all meetings of the city council. The mayor shall state every question coming
before the council, announce the decision of the council on all subjects and decide all questions of
procedure and order, subject, however, to an appeal to the council by any individual member of the
council, in which event a majority vote of the council shall govern and conclusively determine such
question.
2.06.030 Keeping order.
The mayor shall preserve strict order and decorum at all meetings of the city council.
2.06.040 Mayor as council member.
The mayor is a member of the city council with all the powers and duties of a member of the city
council. The mayor may make or second motions and othenwise participate fully in the workings ofthe
city council. The mayor shall vote on all questions. Whenever the vote is taken by means of a roll call,
the mayor's name shall be called last.
2.06.050 Signing various documents.
The mayor shall sign:
(1) All warrants drawn on the city treasury;
(2) All written contracts and conveyances made or entered into by the city as specified in Chapter 3.28;
(3) All instruments requiring the city seal.
EXHIBIT 2
The city council may by ordinance authorize other officers of the city to sign such documents if the
mayor and mayor pro tempore are both absent or unable to act.
2.06.060 Ceremonial duties.
The mayor shall be the official head of the city for all ceremonial purposes, and shall perform all other
duties as may be prescribed by ordinance or by the council consistent with the office.
2.06.070 Appointments.
Tho mayor, with the opproval of tho city council, shall make all appointmonts to boards, commissions
and committoos with tho oxcoption of tho planning commission, and unless otherwiso spocifically
provided by statute. The appointments shall be made by the Mavor with Citv Council concurrence
except for the Planning Commission (CMC 2.06.070) and Historic Preservation Commission (CMC
2.42.020) which are appointed bv a maioritv ofthe Citv Council. Unless Mavor appointment, the item
will be listed on the agenda under Consent Calendar and will list the board, commission, and committee
with vacancy and the name of person to be appointed. The Citv Council will vote and if a maiority
concurs the appointment will be finalized and entered into the meeting minutes.
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 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 ofthe 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 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 thereafter. A
person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former
incumbent.
2.06.090 Eligibility for office.
(a) A person is not eligible to hold office as mayor unless that person is, at the time of assuming such
office, an elector ofthe city.
(b) Notwithstanding Government Code section 53227 or any successor statute regulating the eligibility
of a local agency employee to serve on the legislative body of that agency, the mayor may
simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state
laws, municipal ordinances and rules and regulations ofthe police department.
EXHIBIT 2
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RESOLUTION NO. 2014-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, ADOPTING A COUNCIL POLICY FOR THE APPOINTMENT
PROCESS OF MAYOR AND COUNCIL APPOINTED BOARDS, COMMISSIONS,
AND COMMITTEES
WHEREAS, the City Council of the City of Carlsbad, California, the City Council
has reviewed and considered a request to adopt a Council Policy for the appointment
process of Mayor and City Council appointed positions to boards, commissions and
committees; and
WHEREAS, the proposed Council Policy for the appointment process of Mayor
and City Council appointed positions to boards, commissions, and committees is
identified as Exhibit 4 to Agenda Bill # 21,699 ; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true, correct and incorporated here.
2. Adopt Council Policy (Exhibit 4) for the appointment process of Mayor and
City Council Appointed Boards, Commissions, and Committees.
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EXHIBIT 3
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carisbad on the 22"" day of July, 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher and Blackburn.
None.
ABSENT: None.
MATT HALL Mayor
ATTEST:
BARBARA ENGLESON, Ofty Clerk
i^*City of
Carlsbad
Council Policy Statement
Category:
Specific Subject: Mayor and City Council appointees
Policy No. 81
Date Issued: July ^2014
Effective Date: July ^ 2014
Cancellation Date:
Supersedes No.
Resolution NO. 2014-190
PURPOSE:
To enable the City of Carlsbad Mayor and City Council to appoint members to boards,
commissions and committees representing the City of Carlsbad.
Government Code Sections 54970-54974 refer to local appointments. Government Code Section
54972, states that on or before December 31 of each year, each legislative body shall prepare an
appointments list of all regular and ongoing boards, commissions and committees which are
appointed by the legislative body of the local agency. This list shall be known as the
Appointments List. The list shall contain specific information listed in Government Code Section
54972.
Government Code Section 54974 refers to the unscheduled vacancy which occurs in any board,
commission, or committee for which the legislative body has the appointing power, whether due
to resignation, death, termination, or other causes, a special vacancy notice shall be posted in
the office ofthe clerk ofthe local agency, and the library designated pursuant to Section 54973,
and in other places as directed by the legislative body, not earlier than 20 days before or not later
than 20 days after the vacancy occurs. Final appointments to the board, commission, or
committee shall not be made by the legislative body for at least 10 working days after the posting
ofthe notice in the clerk's office.
This policy does not supersede laws, instead it is incorporating them into the Carlsbad Municipal
Code by reference.
BACKGROUND:
Staff has found that the need to formalize the appointment process in a policy as an outline to
staff and the public on the expectations of an appointed position on a board, commission, or
committee. The process includes the notice of vacancy, acceptance of applications, review by
council, the formal appointment and finally the requirements of appointee once the appointment
is made.
The appointments shall be made by Mayor with City Council concurrence except for the Planning
Commission and Historic Preservation Commission which are appointed by a majority ofthe City
Council. The item will be listed on the agenda under the Consent Calendar and will list the board,
commission, and committee with vacancy and the name of person to be appointed. The City
Council will vote and if a majority concurs the appointment will be finalized and entered into the
meeting minutes.
EXHIBIT 4
Mayor/City Council Appointments Policy
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POLICY:
1. Upon the notice of an unscheduled vacancy either by resignation, death, termination, or
other causes, a special vacancy notice shall be posted in the Office ofthe City Clerk at City
Hall on the bulletin board located outside the Council Chamber, Dove and Cole libraries
and the city website under the boards, commission, and committee section. This action
will take place not earlier than 20 days before or not later than 20 days after the vacancy
occurs. The final appointment to the board, commission, or committee shall not be made
by the legislative body for at least 10 working days after the posting of the notice in the
City Clerk's Office.
2. Applications will be accepted in the City Clerk's Office electronically, by mail and hand
delivered for a period of 10 working days. The application will be available on the city
website for ease of access to the residents of Carlsbad.
3. Following the application deadline, all applications received will be provided to the Mayor
and City Council for review. Depending on the board, commission, or committee
requirements for appointment in the Carlsbad Municipal Code, the Mayor will review
applications and ask for Council concurrence at a regular scheduled City Council Meeting.
4. The appointment will be scheduled for the next regular City Council Meeting.
5. This policy applies to all Mayor and City Council appointed boards, commissions and
committees ofthe City of Carlsbad current and future.
6. This policy requires that an image of the vacancy notice be scanned into the records
management system for a retention term according to the City adopted records retention
schedule.
7. The appointment recommendation and results of City Council action shall be
memorialized in the official City Council meeting minutes.
8. Once an appointment is made staff in the City Clerk's Office will be responsible for
contacting the appointee with instructions on conflict of interest filings, AB 1234 Code of
Ethics training requirements the Oath of Office will be administered and a binder will be
provided that includes an outline on the specific requirements of board, commission, or
committee the person is appointed to, a copy ofthe Brown Act, the Public Records Act
and the Parliamentary Procedures.
Mayor and City Council Appointments to Boards, Commissions and CommitteesShelley Collins, CMC,Assistant City ClerkJuly 22, 2014
Adoption of Ordinance CS‐259•Ordinance would amend CMC section 2.06.070 entitled, Appointments to Mayor and City Council Appointed Boards, Commissions and Committees.–Adds a Council Policy for the appointment process–Combines different areas of the code into one policy–Does not change existing code
Resolution adopting policy•Adoption of policy would assist in the implementation of the appointment process by providing an outline to staff and the public on the expectations of the appointment process.–Notice of Vacancy–Acceptance of Applications–Review by Council–Formal Appointment–Requirements of Appointee once Appointment is made.
Questions?