HomeMy WebLinkAbout2018-07-17; City Council; ; An Ordinance Repealing Sections 2.08.080, 2.08.090, 2.08.092, 2.08.094, and 2.08.110 of the Carlsbad Municipal Code and Adding Chapter 2.15 Boards and Commissions and adoCAReview el5
~ CITY COUNC I L
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
July 17, 2018
Mayor and City Council
Kevin Crawford, City Manager
Celia Brewer, City Attorney
760-434-2891
An Ordinance Repealing Sections 2.08.080, 2.08 .090, 2.08.092, 2.08.094,
and 2.08.110 of the Carlsbad Municipal Code and Adding Chapter 2.15
Boards and Commissions and adopt a Resolution to Rescind City Council
Policy Nos. 19, 47 and 81
Recommended Action
Introduce an Ordinance Repealing Sections 2.08 .080, 2.08.090, 2.08.092, 2.08 .094, and
2.08.110 of the Carlsbad Municipal Code and Adding Chapter 2.15 Boards and Commissions,
and adopt a Resolution rescinding City Council Policy Nos. 19, 47 and 81.
Executive Summary
The City Council directed staff to commence work on updating the Carlsbad Municipal Code at
the regular meeting held on May 23, 2017. Staff identified the boards and commissions areas of
Title 2 as an area requiring City Council input prior to preparing a draft ordinance noting specific
changes for formal consideration by the City Council. At their May 23, 2017 meeting, the City
Council created a sub-committee comprised of Council Members Michael Schumacher and
Mark Packard to assist staff. On February 1, 2018, the City Council held a facilitated workshop
and discussed the rules and procedures related to boards and commissions. Using the input
provided at the facilitated workshop the City Council subcommittee and staff members worked
to develop specific recommendations for a master ordinance which provides a uniform set of
rules and procedures which would apply to all city boards and commissions. Once the master
ordinance is approved by City Council, staff will return with specific ordinances and resolutions
addressing the make-up and areas of responsibility for each board and commission.
Discussion
Currently ordinances related to boards and commissions are scattered throughout Chapter 2.08
with some ordinances applicable to all boards and commissions and others applicable only to a
specific board or commission . Additional procedures and policies related to boards and
commissions are contained in City Council Policy Nos. 19, 47 and 81. Creating a master
ordinance for all boards and commissions will allow the city to have uniform rules and
procedures for all boards and commissions wherever possible. The proposed master ordinance
addresses the following areas:
July 17, 2018 Item #6 Page 1 of 28
• Functions, powers and duties of boards and commissions
• Qualifications for board and commission members
• The process for appointment of members to the boards and commissions
• Terms of office
• Vacancies, removal and attendance requir,ements
• Procedural rules and regulations
• Relationships with city departments
• The role of staff liaisons
If the City Council adopts the proposed ordinance, staff will return at a later date with an
ordinance or resolution for each board and commission to address the make-up of that board
or commission and its areas of responsibility.
City Council Policy Nos. 19, 47 and 81 all address issues which are addressed in the proposed
ordinance. If the proposed ordinance is adopted these City Council Policies will be superseded
and should be rescinded to avoid confusion.
Fiscal Analysis
Council adopted Resolution No. 2017-095 authorizing the Administrative Services Director to
transfer and appropriate $80,000 from Council Contingency to the City Attorney's budget for
use in updating the city's municipal code.
Next Steps
The City Clerk will prepare the ordinance for adoption at the next regula-r council meeting. Once
adopted, the City Clerk will publish the ordinance or a summary of the ordinance in a
newspaper of general circulation within 15 days. The ordinance will be effective 30 days
following the adoption .
Staff will return at a future council meeting with specific ordinances and resolutions addressing
the make-up and areas of responsibility for each board and commission.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has 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 .
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
July 17, 2018 Item #6 Page 2 of 28
Exhibits
1. Ordinance
2. City Council Resolution
3. Redline of proposed changes to Sections 2.08.080, 2.08 .090, 2.08.092, 2.08.094, and
2.08.110 of the Carlsbad Municipal Code and Chapter 2.15 Boards and Commissions
4. Revised Application for Boards and Commissions
5. City Council Policy No. 19
6. City Council Policy No. 47
7. City Council Policy No. 81
July 17, 2018 Item #6 Page 3 of 28
ORDINANCE NO. CS-337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING SECTIONS 2.08.080, 2.08.090, 2.08.092, 2.08.094,
AND 2.08.110 OF THE CARLSBAD MUNICIPAL CODE AND ADDING CHAPTER
2.15 BOARDS AND COMMISSIONS
Exhibit 1
WHEREAS, on May 23, 2017 the City Council of the City of Carlsbad, California determined that
the Carlsbad Municipal Code requires revisions and amendments and that a comprehensive update to
the Carlsbad Municipal Code is necessary to improve clarity and consistency as well as to reflect current
legal and professional best practices; and
WHEREAS, on May 23, 2017 the City Council of the City of Carlsbad adopted Resolution 2017-
095 authorizing the Carlsbad Municipal Code update; and
WHEREAS, staff recommended that the City Council review the rules and procedures related to
Boards and Commissions which are contained in Title 2 of the Carlsbad Municipal Code; and
WHEREAS, on February 1, 2018, the City Council held a facilitated workshop and discussed the
rules and procedures related to Boards and Commissions; and
WHEREAS, the City Council wishes to revise the Carlsbad Municipal Code to provide a uniform
set of rules and procedures applicable to all Boards and Commissions; and
WHEREAS, at a subsequent meeting(s) the City Council will be adopting additional ordinances
and resolutions which will address the make-up and areas of responsibility for each individual Board
and Commission.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1. The above recitations are true and correct.
2. That Carlsbad Municipal Code, Title 2, Chapter 2.08 is amended to repeal sections
2.08.080, 2.08.090, 2.08.092, 2.08.094, and 2.08.110 in their entirety.
3. That Chapter 2.15 is added to the Carlsbad Municipal Code to read as follows:
BOARDS & COMMISSIONS
2.15.010 Applicability of provisions.
2.15.020 General functions, powers, and duties.
2.15.030 Board and commission membership-Qualifications.
2.15.040 Local appointments List
July 17, 2018 Item #6 Page 4 of 28
2.15.050 Appointments.
2.15.060 Term.
2.15 .070 Vacancies, removal and attendance
2.15.080 Chair and vice chair.
2.15.090 Procedural rules and regulations.
2.15.100 Quorum.
2.15.110 Relationship with city departments and staff liaisons.
2.15.120 Members -Compensation .
2.15.010 Applicability of provisions.
The general provisions of this chapter apply to all boards and commissions, except as otherwise
specifically provided in the Charter or in the ordinance or resolution authorizing a specific board or
commission. In the event of an inconsistency between the general provisions contained in this
ordinance and the provisions contained in a specific enabling ordinance or resolution, the spec ific
ordinance or resolution shall control.
2.15.020 General functions, powers, and duties.
A. Each board or commission shall have the functions, powers, and duties as are granted to or
bestowed upon it by this chapter, by ordinance or by resolution of the City Council.
B. The City Council may, at any time, change the powers, functions and duties of any board or
commission in any manner and to any extent as the City Council deems necessary.
C. Each board or commission shall provide to the City Council for its approval an annual work plan
of activities to be undertaken and a subsequent report of its accomplishments. If any board or
commission seeks to amend its work plan prior to the annual approval date, then the board or
commission may vote to submit the amendment to the city council for approval and may also
request a joint meeting if the board or commission deems it necessary to discuss the proposed
amendments.
D. Each board or commission will provide periodic written reports to the City Council which should
include:
1. Recent activities of the board or commission;
July 17, 2018 Item #6 Page 5 of 28
2. Attendance at the board or commission's meetings;
3. Any ad hoc subcommittees which the board or commission has formed;
4. Any proposed amendments to the board or commission's work plan; and
5. Any matters which the board or commission wishes to bring to the attention of the City
Council or to have placed on a future City Council agenda.
E. Each board or commission may organize ad hoc subcommittees of a limited duration to advise
the board or commission concerning its functions and duties.
F. Each board or commission shall do such other things as may from time to time be requested or
approved by the City Council.
G. Each board or commission shall meet in accordance with its approved regular meeting schedule,
unless a meeting(s) is cancelled by the chair or the majority of the board or commission for a
lack of agenda items, and each board or commission shall be subject to the Ralph M . Brown Act,
Government Code Section 54950 et seq.
H. All board or commission meetings shall be held in the city council chambers unless another
public meeting room has been approved by the city clerk.
I. The city manager shall designate a city employee as a liaison for each board or commission.
2.15.030 Board and commission membership-Qualifications.
A. In addition to any qualifications or limitations imposed by law or contained in the authorizing
ordinance or resolution for any specific board or commission, members of the boards and
commission must meet the following minimum qualifications:
1. Resident of the City of Carlsbad and a registered voter.
2. Not currently an officer of or employed by the City of Carlsbad or under contract with the
City of Carlsbad.
3. Appointment would not violate any term limits applicable to the position sought .
B. The city council may consider, in its discretion, the following additional criteria in appo i nting
members to the boards and commission:
1. Prior participation in the Citizen's Academy.
2. Recent experience and/or understanding of municipal government .
3. Knowledge of subject matter governed by the board or commission.
July 17, 2018 Item #6 Page 6 of 28
4 . Ability to fairly and impartially represent community interests .
5. Experience on other boards, commissions or committees.
6. Geographical diversity of the membership of the board or commission.
2.15.040 Local appointments List
The city clerk shall compile and publish a local appointments list in accordance with Government
Code section 54970 et seq.
2.15.050 Appointments.
A. Appointments to the planning commission, parks and recreation commission, and traffic safety
commission, shall be made by the following process:
1. The mayor and each council member shall nominate one individual to serve on each of the
commissions for a term coinciding with the term of the councilmember making the
appointment. The mayor shall nominate two additional individuals to serve on the planning
commission, and two additional individuals to serve on the parks and recreation
commission. All nominations shall be subject to ratification by a majority vote of the city
council. If a nominee is not approved by a majority vote of the city council, the council
member making the nomination may nominate another individual at the same or a
subsequent meeting. In the event that a member of the city council does not make any
nomination within forty-five days of the date the councilmember i s sworn into office or
within sixty days ofthe occurrence of a vacancy, the appointment will be made by the mayor
with the approval of the city council.
2. Although each member of the city council elected by a district shall use his or her best
efforts to appoint individuals residing in that district to these commissions, members of the
city council may appoint individuals not residing in their districts in their discretion in order
to assure that the most interested and qualified individuals serve on the commissions.
B. Appointments to all other city boards and commissions shall be made by the mayor with the
approval of the city council.
July 17, 2018 Item #6 Page 7 of 28
2.15.060 Term.
A. Members of boards or commissions shall serve for a term of four years, unless otherwise
specified in this chapter. Such members shall be eligible for reappointment at the expiration of
their first term for one additional four-year term . City Council will specify the effective date of
the appointment.
B. Unless otherwise specified in this chapter, members who are appointed to serve unexpired
terms shall serve to the end of the former incumbent's term.
C. Except as otherwise specified in this chapter, a member may be appointed to serve a term of
less than four years if the council determines that it is in the best interest of the board or
commission that a member serve a shorter term in order to provide for appropriate staggered
terms to preserve a continuity of membership on the board or commission.
D. Except as otherwise specified in this chapter, if a member has been appointed to serve a term
of less than two years, the member may be reappointed to serve on the same board or
commission for up to two consecutive additional terms.
2.15.070 Vacancies, removal and attendance
A. Members of the city's boards, commissions and committees shall serve until reappointed or
until the member's successor has been appointed, qualified and seated. If a vacancy occurs
other than by the expiration of a term, the vacancy shall be filled in the same manner as the
orig i na l appointment.
B. Appointees to all of the city's boards and commissions shall serve at the pleasure of the City
Council. Any member of a city board or commission may be removed at any t i me, with or
w ithout cause, by the affirmative vote of three members of the City Council.
C. To assure participation of board and commission members, attendance by the members of the
boards and commissions at all regularly scheduled and special meetings of the boards and
commissions shal l be recorded, and such record shall be provided annually to the City Council
for review. A board or commission member may be removed by the affirmative vote of three
members of the City Council due to the member's absence from three (3) consecutive regular
meetings or from twenty-five percent of the duly scheduled meetings of the board or
July 17, 2018 Item #6 Page 8 of 28
commission within any fiscal year, except in the case of absences due to illness or by permiss i on
of the board or commission as documented by the board or commission liaison.
2.15.080 Chair and vice chair.
A . Each board or commission shall appoint one of its members as chair to serve for a term of one
year.
B. The chair shall preside at all meetings of the board or commission.
C. Each board or commission may also appoint one of its members as a vice chair to serve in the
place and stead of the chair duri ng the cha i r's absence.
D. The chair and vice chair shall be subject to removal at any time, for any or no reason, by a
majority vote of the board or commission.
2.15.090 Procedural rules and regulations.
All boards and commissions shall conduct their meetings pursuant to the rules contained in
Carlsbad Municipal Code Chapter 1.20 and any additional rules and regulations developed by the
city clerk working in conjunction with the board or commission.
2.15.100 Quorum.
Unless otherwise specifically provided in this chapter, a majority of the total number of members
of the board or commission shall be necessary to constitute a quorum for a board or commission
to take action.
2.15.110 Relationship with city departments and staff liaisons.
So far as is practicable, and subject to approval of the city manager, the services of the various city
departments shall be made available by the heads of each department to the board or commission,
to the extent it is necessary to enable it to perform its functions, powers, and duties.
Staff liaisons are generally responsible for accurate meeting notices and record keeping,
communicating between the board or commission and other city staff, assisting the committee i n
executing the council approved work plan, gathering public input, assisting the board or
July 17, 2018 Item #6 Page 9 of 28
commission in staying focused on noticed agenda items and maintaining a positive work
relationship with the board or commission .
The l iaison s do not work "for" or "at the direction" of the board or commission. In stead, the liaisons
are professionals who work for the city manager and with the boards and commissions to develop
information and recommendations for the city council within the scope of an approved work plan.
2.15.120 Members -Compensation.
Unless specifically appropriated and approved by the city council, all members of the city's boards,
commissions and committees shal l serve without compensation.
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 the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney 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 __ _
day of , 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ____ , 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
July 17, 2018 Item #6 Page 10 of 28
RESOLUTION NO. 2018-135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, RESCINDING COUNCIL POLICIES 19, 47 AND 81
Exhibit 2
WHEREAS, on May 23, 2017 the City Council of the City of Carlsbad, California determined that
the Carlsbad Municipal Code requires revisions and amendments and that a comprehensive update to
the Carlsbad Municipal Code is necessary to improve clarity and consistency as well as to reflect current
legal and professional best practices; and
WHEREAS, on May 23, 2017 the City Council of the City of Carlsbad adopted Resolution 2017-
095 authorizing the Carlsbad Municipal Code update; and
WHEREAS, staff recommended that the City Council review the rules and procedures related to
Boards and Commissions which are contained in Title 2 of the Carlsbad Municipal Code; and
WHEREAS, on February 1, 2018, the City Council held a facilitated workshop and discussed the
rules and procedures related to Boards and Commissions; and
WHEREAS, the City Council wishes to revise the Carlsbad Municipal Code to provide a uniform
set of rules and procedures applicable to all Boards and Commissions; and
WHEREAS, the City Council wishes to adopt an Ordinance amending the Carlsbad Municipal
Code by adding Chapter 2.15 Boards and Commissions; and
WHEREAS, City Council Policies 19, 47 and 81 address topics which are included in the proposed
Carlsbad Municipal Code Chapter 2.15 and these City Council Policies will be superseded by Carlsbad
Municipal Code Chapter 2.15.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That City Council Policy 19 is rescinded.
3. That City Council Policy 47 is rescinded.
4. That City Council Policy 81 is rescinded.
July 17, 2018 Item #6 Page 11 of 28
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 17th day of J.!!!y, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
M. Hall.
None.
MATT HALL, Mayor
(SEAL)
July 17, 2018 Item #6 Page 12 of 28
Exhibit 3
2,gg,ggg ReFRe·,al ef heard aRd eeFRm issieR FRemhers,
Appointees to all of the city's boards, commissions and committees shall serve at the pleasure of the city
council. Any member of a city board, commission or committee may be removed at any time by the
affirmative vote of three members of the city council.
2,gg,ggg Seard aRd eeFRFRissieR FReFRhersl'lip CitizeRsl'lip req1,1ired,
It is a prerequisite for appointment to any city board, commission, or committee that the member be a
resident of the city and a registered voter, except that members of the Carlsbad Tourism Business
Improvement District (CTBID) board of directors shall be assessees of the CTBID regardless of residency.
2,gg ,gg2 CeFRpeRsatieR ,
Unless specifically appropriated and approved by the city council, all members of the city's boards,
commissions and committees shall serve without compensation.
2,gg,gg4 VaeaReies,
Members of the city's boards, commissions and committees shall serve until reappointed or until the
member's successor has been appointed, qualified and seated. If a vacancy occurs other than by the
e>cpiration of a term, the vacancy shall be filled in the same manner as an original appointment.
2,gg ,11g P1,1hlie aeeess te FReetiRgs,
A. All meetings of the city's boards, commissions and committees shall be open to the public. If any
board or commission appoints a subcommittee, all meetings of the subcommittee shall be open to the
~
B. Notwithstanding subsection A of this section, a board, commission or committee may hold a closed
session provided they first obtain a written opinion from the city attorney that the closed session is
allo'.'.'ed under the provisions of the Brovm Act.
July 17, 2018 Item #6 Page 13 of 28
BOARDS & COMMISSIONS
2.15.010 Applicability of provisions.
2.15.020 General functions, powers, and duties.
2.15.030 Board and commission membership-Qualifications.
2.15.040 Local appointments List
2 .15 .050 Appointments .
2.15 .060 Term.
2.15.070 Vacancies, removal and attendance
2.15.080 Cha i r and vice cha ir.
2.15.090 Procedural rules and regulations .
2.15 .100 Quorum.
2.15.110 Relationship with city departments and staff liaisons.
2.15.120 Members -Compensation .
2.15.010 Applicability of provisions.
The general provisions of this chapter apply to all boards and comm1ss1ons, except as
otherwise specifically provided in the Charter or in the ordinance or resolution authorizing a
specific board or commission . In the event of an inconsistency between the general
provisions contained in this ordinance and the provisions contained in a specific enabling
ordinance or resolution, the specific ordinance or resolution shall control.
2.15.020 General functions, powers, and duties.
A. Each board or commission shall have the functions, powers, and duties as are granted to
or bestowed upon it by this chapter, by ordinance or by resolution of the City Council.
B. The City Council may, at any time, change the powers, functions and duties of any board
or commission in any manner and to any extent as the City Council deems necessary.
C. Each board or commission shall provide to the City Council for its approval an annual work
plan of activities to be undertaken and a subsequent report of its accomplishments. If any
board or commission seeks to amend its work plan prior to the annua l approval date, then
the board or commission may vote to submit the amendment to the city counci l for
approval and may also request a joint meeting if the board or commission deems it
necessary to discuss the proposed amendments.
D. Each board or commission will provide periodic written reports to the City Council wh i ch
shou ld include:
1. Recent activities of the board or commission;
July 17, 2018 Item #6 Page 14 of 28
2. Attendance at the board or commission's meetings;
3. Any ad hoc subcommittees which the board or commission has formed;
4 . Any proposed amendments to the board or commission's work plan; and
5. Any matters which the board or commission wishes to bring to the attention of the
City Council or to have placed on a future City Council agenda.
E. Each board or commission may organize ad hoc subcommittees of a limited duration to
advise the board or commission concerning its functions and duties.
F. Each board or commission shall do such other things as may from time to time be
requested or approved by the City Council.
G. Each board or commission shall meet in accordance with its approved regular meeting
schedule, unless a meeting(s) is cancelled by the chair or the majority of the board or
commission for a lack of agenda items, and each board or commission shall be subject to
the Ralph M. Brown Act, Government Code Section 54950 et seq.
H. All board or commission meetings shall be held in the city council chambers unless
another public meeting room has been approved by the city clerk.
I. The city manager shall designate a city employee as a liaison for each board or
commission.
2.15.030 Board and commission membership-Qualifications.
A. In addition to any qualifications or limitations imposed by law or contained in the
authorizing ordinance or resolution for any specific board or commission, members ofthe
boards and commission must meet the following minimum qualifications:
1. Resident of the City of Carlsbad and a registered voter.
2. Not currently an officer of or employed by the City of Carlsbad or under contract with
the City of Carlsbad.
3 . Appointment would not violate any term limits applicable to the position sought.
B. The city council may consider, in its discretion, the following additional criteria in
appointing members to the boards and commission:
1 . Prior participation in the Citizen's Academy.
2. Recent experience and/or understanding of municipal government.
3 . Knowledge of subject matter governed by the board or commission.
4. Ability to fairly and impartially represent community interests.
5 . Experience on other boards, commissions or committees.
6. Geographical diversity of the membership of the board or commission .
July 17, 2018 Item #6 Page 15 of 28
2.15.040 Local appointments List
The city clerk shall compile and publish a local appointments list in accordance with
Government Code section 54970 et seq.
2.15.050 Appointments.
A. Appointments to the planning commission, parks and recreation commission, and traffic
safety commission, shall be made by the following process:
1. The mayor and each councilmember shall nominate one individual to serve on each
of the commissions for a term coinciding with the term of the council member making
the appointment. The mayor shall nominate two additional individuals to serve on
the planning commission, and two additional individuals to serve on the parks and
recreation commission. All nominations shall be subject to ratification by a majority
vote of the city council. If a nominee is not approved by a majority vote of the city
council, the council member making the nomination may nominate another individual
at the same or a subsequent meeting. In the event that a member of the city council
does not make any nomination within forty-five days of the date the councilmember
is sworn into office or within sixty days of the occurrence of a vacancy, the
appointment will be made by the mayor with the approval of the city council.
2. Although each member of the city council elected by a district shall use his or her best
efforts to appoint individuals residing in that district to these commissions, members
of the city council may appoint individuals not residing in their districts in their
discretion in order to assure that the most interested and qualified individuals serve
on the commissions.
B. Appointments to all other city boards and commissions shall be made by the mayor with
the approval of the city council.
2.15.060 Term.
A. Members of boards or commissions shall serve for a term of four years, unless otherwise
specified in this chapter. Such members shall be eligible for reappointment at the
expiration of their first term for one additional four-year term. City council will specify the
effective date of the appointment.
B. Unless otherwise specified in this chapter, members who are appointed to serve
unexpired terms shall serve to the end ofthe former incumbent's term.
C. Except as otherwise specified in this chapter, a member may be appointed to serve a term
of less than four years if the council determines that it is in the best interest of the board
or commission that a member serve a shorter term in order to provide for appropriate
staggered terms to preserve a continuity of membership on the board or commission.
July 17, 2018 Item #6 Page 16 of 28
D. Except as otherwise specified in this chapter, if a member has been appointed to serve a
term of less than two years, the member may be reappointed to serve on the same board
or commission for up to two consecutive additional terms.
2.15.070 Vacancies, removal and attendance
A. Members of the city's boards, commissions and committees shall serve until reappointed
or until the member's successor has been appointed, qualified and seated. If a vacancy
occurs other than by the expiration of a term, the vacancy shall be filled in the same
manner as the original appointment.
B. Appointees to all of the city's boards and commissions shal l serve at the pleasure of the
City Council. Any member of a city board or commission may be removed at any time,
with or without cause, by the affirmative vote of three members of the City Council.
C. To assure participation of board and commission members, attendance by the members
of the boards and commissions at all regularly scheduled and special meet i ngs of the
boards and commissions shall be recorded, and such record shall be provided annually to
the City Council for review. A board or commission member may be removed by the
affirmative vote of three members of the City Council due to the member's absence from
three (3) consecutive regular meetings or from twenty-five percent of the duly scheduled
meetings ofthe board or commission within any fiscal yea r, except i n the case of absences
due to illness or by permission of the board or commission as documented by the board
or commission liaison.
2.15.080 Chair and vice chair.
A. Each board or commission shall appoint one of its members as chair to serve for a term
of one year .
B. The chair shall preside at all meetings of the board or commission.
C. Each board or commission may also appoint one of its members as a vice chair to serve
in the place and stead of the chair during the chair's absence.
D. The chair and vice cha i r shall be subject to removal at any time, for any or no reason, by
a majority vote of the board or commission.
2.15.090 Procedural rules and regulations.
All boards and commissions shall conduct their meetings pursuant to the rules contained in
Carlsbad Municipal Code Chapter 1.20 and any additional rules and regulations developed by
the city clerk working in conjunction with the board or commission.
2.15.100 Quorum.
July 17, 2018 Item #6 Page 17 of 28
Unless otherwise specifically provided in this chapter, a majority of the total number of
members of the board or commission shall be necessary to constitute a quorum for a board
or commission to take action.
2.15.110 Relationship with city departments and staff liaisons.
So far as is practicable, and subject to approval of the city manager, the services of the various
city departments shall be made available by the heads of each department to the board or
commission, to the extent it is necessary to enable it to perform its functions, powers, and
duties .
Staff liaisons are generally responsib le for accurate meeting notices and record keeping,
communicating between the board or commiss i on and other city staff, assisting the
committee in executing the council approved work plan, gathering public input, assisting the
board or commission in staying focused on noticed agenda items and maintaining a positive
work relationship with the board or commission.
The liaisons do not work "for" or "at the direction" of the board or commission. Instead, the
liaisons are professionals who work for the city manager and with the boards and
commissions to develop information and recommendations for the city council within the
scope of an approved work plan .
2.15.120 Members -Compensation.
Unless specifically appropriated and approved by the city council, all members of the city's
boards, commissions and committees shall serve without compensation.
July 17, 2018 Item #6 Page 18 of 28
@ •
City of Carlsbad
Boards, Commissions and Committees
Name
Arts Commission
Beach Preservat ion Committee
Historic Preservation Commission *
Housing Commission **
Library Board of Trustees
Parks and Recreation Commission
Planning Commission
Senior Commission
Traffic Safety Commission
Meeting Schedule Staff Liaison
1st Thursday of the month, 9:15 Cultura l Arts Office Manager
a.m.
2nd Tuesday of odd numbered Associate Eng i neer,
months, 4 p.m. Parks & Recreation
Department
2nd Monday of odd numbered History Librarian
months, 5 p.m.
2nd Thursday of the month, 6 p.m. Housing Director
3 rd Wednesday of the month, 5 p.m . Library & Cultural Arts
Director
3rd Monday of the month, 5:30 p.m. Recreation Services Manager
pt and 3rd w ·ednesday of the City Planner
month, 6 p .m .
pt Thursday of the month, 3 p.m. Recreation Services Manager
p t Monday of the month, 5 p.m. Deputy Director/
Traffic Engineer
* See Carlsbad Municipal Code 22.04 for special requirements
** See Carlsbad Municipal Code 2.40 for special requirements
Carlsbad Tourism Business Improvement District and Carlsbad Golf Lodging Business
Improvement District members are appointed from member hote ls and organizations . Both
meet on an as-needed basis but are required to meet once a year to deve lop the annual report
and expenditure recommendations for the coming fisca l year to Council -usually in May.
July 17, 2018 Item #6 Page 20 of 28
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Boards, Commissions and Committees
Application for Appointment
_Arts Commission
Beach Preservation Committee
Historic Preservation Commission
_Housing Commission
_Library Board of Trustees
Parks and Recreation Commission
_Planning Commission
_Senior Commission
_Traffic Safety Commission
If applying for more than one, please indicate order of preference.
Personal Information
Name
Home Address
City
Home Phone
E-mail
Occupation
Employer
Employer Address
City
Work Phone
Acknowledgements
Citizens Academy graduate
Registered voter in Carlsbad
ZIP
Mobile
ZIP
Mobile
I am familiar with the responsibilities of the board/commission/committee(s) on wh ich I wish to serve.
Yes No
I am willing to be inte rv iewed regarding my qualifications for appointment by the City Council or at the request of
an individual Council member.
I am willing to file financial disclosure statements if required .
I am willing to complete two hours of state mandated ethics train ing every two ye ars.
July 17, 2018 Item #6 Page 21 of 28
Please describe your educational background
Please describe relevant experience
Please describe your current or past community involvement
Additional information or comments
Submittal Information
Please select the submit button below to electronically submit application. If you prefer to print, please select "print
form " button, sign and mail to:
City of Carlsbad
City Clerk's Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008.
Signature Date
* Only required to sign if submitting paper form; if submitting electronically your submittal via e-mail is considered
acknowledgement.
Insert print form button and print button
July 17, 2018 Item #6 Page 22 of 28
EXHIBIT 'A'
RESOLIJTIQN NO.
A RESOLUTION OF· THE CITY COUNCIL OF THE
CITY OF CARLSBAD; CALIFORNIA CREATING
AND ESTABLISHING THE (Name of Committee)
WHEREAS, -Set forth need
WHEREAS, -Purpose
WHEREAS, -Set for justification
THEREFORE, BE IT RESOLVED by the ·City Council of the
City of Carlsbad, California:
Section 1. Authorization, statutory provisions
and name.
Section 2. Type of committee, i.e., advisory, and
qualifications for members.
Section 3. Charge, functions, goals, objectives, duties,
responsibilities, ·scope, powers.
Section 4. Organization -nwnber of members.
Section 5. Appointment authority to original committee,
filling vacancies thereafter, length of ·
terms, chairman selection, and removal
process of members, including, but not
limited to, absences.
Section 6. Procedures and meetings -rules of conduct.
Section 7. Method and frequency that cormnittee reports
to Council and City Manager, including
forwarding of committee minutes to Council
and City Manager.
Section 8. Assistance to be provided by City, i.e.,
professional, staff, financial.
Section 9. Ex officio members -staff liaison.
Section 10. Termination -when will committee terminate,
dissolve, and by what process.
Section 11. Compensation for members (if any)_and
reimbursement for expenses.
July 17, 2018 Item #6 Page 24 of 28
PASSED, APPROVED AND ADOPTED at a regular meeting
of fhe City Council of the City of Carlsbad, California,
held on the day of , 1974, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ATTES~:
MARGARETE. ADAMS, City Clerk
(SEAL)
ROBERT C. FRAZEE, Mayor
July 17, 2018 Item #6 Page 25 of 28
CIIT OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject: Appointments to Boards, Commissions
and Committees
Exhibit 6
Policy No. 4 7
Date Issued Feb. 17, 1993
Effective DateFeb. 17, 1993
Cancellation Date ------Supersedes No. ______ 4~7 ___ _
dated June 18, 1991
Specific Subject: Term Limitations for Appointments of Members to the Planning
Commission, Design Review Board and the Housing and Redevelopment
Advisory Committee
Copies to: City Council, City Manager, City Attorney, Department and Division Heads,
Employee Bulletin Boards, Press, File
PURPOSE: In order to provide more citizen participation in decisions
affecHng Carlsbad, appointments to the Planning Commissfon,
Design Review Board and Housing & Redevelopment Advisory
Committee, shall be limited to two consecutive terms.
POLICY:
1. The City Council of the City of Carlsbad will appoint members of the Planning
Commission, Design Review Board, and Housing and Redevelopment Advisory
Committee to a maximum of two consecutive terms .
2. An individual retiring after two terms will be immediately eligible for consideration
for any other board, commission or committee, or could be reconsidered for
appointment to the same board or commission after a two year waiting period.
3. Individuals initially appointed to an unexpired term would be eligible to be
reappointed for two consecutive terms.
4. The City Council may make an exception to this policy and extend an individual's
term if there are extenuating circumstances, such as the need for a suitable number
of experienced members. The extension sha11 not exceed one year and can be
granted only one time.
July 17, 2018 Item #6 Page 26 of 28
('cicyof
Carlsbad
Council Policy Statement
Category:
Specific Subject: Mayor and City Council appointees
PURPOSE:
Policy No.
Date Issued :
Effective Date:
Resolution No.
Cancellation Date :
Supersedes No.
Exhibit 7
81
July 22 , 2014
July 22 , 2014
2014-190
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 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.
This policy does not supersede laws, instead it is incorporating them into the Carlsbad Mu ni cipal
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, comm ission, 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 of the 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 .
July 17, 2018 Item #6 Page 27 of 28
Mayor/City Council Appointments Policy
Page2
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 of the 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 of the 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 of the Brown Act, the Public Records Act
and the Parliamentary Procedures.
July 17, 2018 Item #6 Page 28 of 28