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HomeMy WebLinkAbout2021-01-26; City Council; ; Continued to a Future Agenda-AMEND CARLSBAD MUNICIPAL CODE CHAPTER 2.04 RELATING TO ELECTED OFFICIALS AND REPEAL CHAPTER 2.06 AND SECTIONS 2.08.010, 2.08.020, 2.08.022, 2January 26, 2021 5. AMEND CARLSBAD MUNICIPAL CODE CHAPTER 2.04 RELATING TO ELECTED OFFICIALS AND REPEAL CHAPTER 2.06 AND SECTIONS 2.08.010, 2.08.020, 2.08.022, 2.08.030 AND 2.08.032 — Introduction of an ordinance amending Chapter 2.04 and repealing Chapter 2.06 and Sections 2.080.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032 of the Carlsbad Municipal Code. (Staff contact: Cindie McMahon, City Attorney Department and Sheila Cobian, City Manager Department) THIS ITEM WAS CONTINUED TO A FUTURE AGENDA CA Review CKM Meeting Date: Jan. 26, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Cindie K. McMahon, Assistant City Attorney cindie.mcmahon@carlsbadca.gov, 760-434-2891 Sheila Cobian, Assistant to the City Manager sheila.cobian@carlsbadca.gov, 760-434-2917 Subject: Amend Carlsbad Municipal Code Chapter 2.04 Relating to Elected Officials, and Repeal Chapter 2.06 and Sections 2.08.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032 Districts: All Recommended Action Introduce an ordinance amending Carlsbad Municipal Code Chapter 2.04, Elected Officials, and repealing Chapter 2.06 and Sections 2.08.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032. Because there are split recommendations for Sections 2.04.040(D) and 2.04.110(B)(3) of the proposed ordinance, there are four versions of the proposed ordinance: 1.Proposed ordinance with Mayor Pro Tem Blackburn’s recommendations for Sections 2.04.040(D) and 2.04.110(B)(3). (Exhibit 1.) 2.Proposed ordinance with Council Member Schumacher’s recommendations for Sections 2.04.040(D) and 2.04.110(B)(3). (Exhibit 2.) 3.Proposed ordinance with Mayor Pro Tem Blackburn’s recommendation for Section 2.04.040(D) and Councilmember Schumacher’s recommendation for Section 2.04.110(B)(3). (Exhibit 3.) 4.Proposed ordinance with Council Member Schumacher’s recommendation for Section 2.04.040(D) and Mayor Pro Tem Blackburn’s recommendation for Section 2.04.110(B)(3). (Exhibit 4.) Executive Summary On May 23, 2017, the City Council directed staff to commence work on a comprehensive update to the Code. On July 23, 2019, the City Council created the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee comprised of Mayor Pro Tem Blackburn and Council Member Schumacher to assist staff from the City Attorney’s Office and the City Clerk’s Jan. 26, 2021 Item #5 Page 1 of 49 Office with recommendations for the update. As part of the update, the subcommittee reviewed Chapters 2.04 and 2.06 and portions of 2.08 related to elected officials. The subcommittee recommends combining all of the sections related to elected officials into a revised Chapter 2.04. Discussion Currently the Municipal Code has provisions related to elected officials in Chapter 2.04 -City Council, Chapter 2.06 - Mayor, and Chapter 2.08 - Officers - Employees Generally, which covers the mayor pro tempore, city clerk and city treasurer. To avoid redundancies and allow for certain provisions to apply to all elected officials, the proposed Chapter 2.04 would be renamed Elected Officials and would address issues related to all elected officials in the city: the Mayor, City Council members, city clerk and city treasurer. The proposed Chapter 2.04 incorporates the provisions from current Chapter 2.04, Chapter 2.06 and Sections 2.08.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032. In addition to reorganizing the provisions for all elected officials into one chapter, the subcommittee is proposing additional revisions intended to simplify the language and make the municipal code sections consistent with state law. Substantive changes include the following: Proposed Section 2.04.040(D) Current Section 2.04.060(B) states: 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, a city council member may simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state laws, municipal ordinances and rules and regulations of the police department. The subcommittee is providing a split recommendation for this section. Council Member Schumacher would like to eliminate this section. Mayor Pro Tem Blackburn would like to retain this section but, consistent with the reorganization, it would become Section 2.04.040(D). Proposed Section 2.04.100 – Reorganization of the City Council Current Section 2.04.050 states: At the meeting when the general election results are certified by the county clerk or city clerk, as appropriate, or as soon as reasonably practicable thereafter, the city council shall meet for the purpose of appointing individual members of the city council to boards, commissions, committees or other bodies as the council may find necessary for its reorganization and effective functioning. In addition to moving this section to Section 2.04.100, the subcommittee recommends revising this section so that, consistent with the City Council’s current practice, the City Council reorganization would occur annually at the first regularly scheduled meeting of the calendar year or as soon as reasonably practicable after a new city council member is sworn into office. A four-fifths vote of the City Council would be required for changes at any other time of the year. Jan. 26, 2021 Item #5 Page 2 of 49 Proposed Section 2.04.110 – Vacancies in Office The largest proposed change is the new Section 2.04.110 regarding vacancies in office. At its meeting on Oct. 8, 2019, the City Council referred the vacancy provisions of the Code to the Subcommittee for review and requested any proposed amendments to these provisions be brought back to the City Council after all positions on the City Council had been filled. New Section 2.04.110 would apply to all elected officials. It addresses the various ways that a vacancy can occur as well as the process for filling a vacancy. Vacancies in office would be filled either by appointment or by special election, depending on the amount of time remaining in the term of office, as follows: One year or less remaining in the term of office to be filled by appointment If a vacancy occurs with one year or less remaining in the term of office, the City Council would have 45 days to appoint a person to fill the vacancy for the remainder of the term. If the City Council is unable to reach an agreement for a replacement, the office would remain vacant for the remainder of the term. Twenty-five months or more remaining in the term of office to be filled by special election If a vacancy occurs with 25 months or more remaining in the term of office, the voters would need to elect a new person to fill the remainder of the term at a special election. More than one year but less than 25 months remaining in the term of office to be filled either by appointment or by special election If a vacancy occurs with between one year and 25 months remaining in the term of office, the City Council could either appoint a person to fill the office for the remainder of the term or call a special election to fill the office. The City Council would need to decide within 14 days of the vacancy whether to fill the seat by appointment or election. If the City Council chooses to appoint a replacement and is unable to reach an agreement within 45 days of the vacancy, the City Council will have to call a special election to fill the vacancy. Any person appointed to fill a vacant office would be ineligible to seek election to that same office until one year after the end of the appointed term. The subcommittee has a split recommendation on Section 2.04.110(B)(3) regarding whether a resigning council member should be allowed to cast a vote in the event the City Council is filling the resigning member’s seat by appointment. Council Member Schumacher recommends not allowing the resigning member to cast a vote, but would like to discuss whether there are circumstances that would warrant an exception to that rule. Mayor Pro Tem Blackburn would like to discuss the option of allowing the resigning member to vote on a replacement with certain restrictions. Fiscal Analysis The existing fiscal year 2020-2021 budgets for the City Attorney’s Office and City Clerk’s Office include sufficient funding for the cost of amending these code provisions. Jan. 26, 2021 Item #5 Page 3 of 49 Next Steps The city clerk will prepare the ordinance for adoption at the next regular 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. Environmental Evaluation (CEQA) In keeping with California Public Resources Code Section 21065, the recommended action does not constitute a "project" within the meaning of the California Environmental Quality Act because the action has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, the action does not require environmental review. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. Proposed ordinance with Mayor Pro Tem Blackburn’s recommendations for Sections 2.04.040(D) and 2.04.110(B)(3) 2. Proposed ordinance with Councilmember Schumacher’s recommendations for Sections 2.04.040(D) and 2.04.110(B)(3) 3. Proposed ordinance with Mayor Pro Tem Blackburn’s recommendation for Section 2.04.040(D) and Councilmember Schumacher’s recommendation for Section 2.04.110(B)(3) 4. Proposed ordinance with Councilmember Schumacher’s recommendations for Section 2.04.040(D) and Mayor Pro Tem Blackburn’s recommendation for Section 2.04.110(B)(3) 5. Proposed changes to Carlsbad Municipal Code Chapter 2.04 (Clean) 6. Proposed changes to Carlsbad Municipal Code Chapter 2.04 (Redline) 7. Proposed changes to Carlsbad Municipal Code Chapter 2.06 8. Proposed changes to Carlsbad Municipal Code Sections 2.08.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032 Jan. 26, 2021 Item #5 Page 4 of 49 ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 2.04 AND REPEALING CHAPTER 2.06 AND SECTIONS 2.08.010, 2.08.020, 2.08.022, 2.08.030 AND 2.08.032 OF THE CARLSBAD MUNICIPAL CODE WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a comprehensive update to the 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 adopted Resolution 2017-095 authorizing the Code update; and WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with the update and expanding the update to include both the Code and City Council Policies (Policies); and WHEREAS, the elected officials in the City of Carlsbad are the Mayor, the City Councilmembers, the City Clerk and the City Treasurer; and WHEREAS, Title 2 of the Code currently contains sections related to elected officials in several different chapters; and WHEREAS, in order to avoid redundancies and allow for certain provisions to apply to all elected officials, the Subcommittee recommends and the City Council wishes to revise Chapter 2.04 to consolidate sections related to elected officials from Chapters 2.06 and 2.08 so that Chapter 2.04 will address issues related to all elected officials in the city; and WHEREAS, issues related to the election of local officials, organization of the City Council, and filling of vacancies of elected officials are municipal affairs. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Chapter 2.06 is repealed. 3. Carlsbad Municipal Code Sections 2.08.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032 are repealed. 4. Carlsbad Municipal Code Chapter 2.04 is renamed “Elected Officials” and is amended to read as follows: Exhibit 1 Jan. 26, 2021 Item #5 Page 5 of 49 Chapter 2.04 ELECTED OFFICIALS Sections: 2.04.010 Compensation – mayor and city council. 2.04.020 Compensation – city clerk and city treasurer. 2.04.030 Duties of mayor. 2.04.040 Eligibility for office. 2.04.050 At-large election of mayor, city clerk, and city treasurer. 2.04.060 By-district election of city council members. 2.04.070 Establishment of council districts. 2.04.080 Council district election schedule. 2.04.090 Selection and duties of mayor pro tempore. 2.04.100 Reorganization of the city council. 2.04.110 Vacancies in office. 2.04.010 Compensation – mayor and city council. A. The compensation of each member of the city council shall be set at $2,052.17 per month upon the effective date of this ordinance. Adjustments to city council compensation shall not exceed the amount established by the San Diego Regional Consumer Price Index. Adjustments to city council compensation must be made or permanently waived by ordinance in January of each year. The city council is prohibited from enacting retroactive increases for years in which a salary increase was waived. B. The mayor shall receive compensation of $100.00 in addition to the compensation the mayor receives as a city council member under subsection (A) of this section. C. The compensation established by this section is exclusive of any amounts payable to each member of the city council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the city. 2.04.020 Compensation – city clerk and city treasurer A. The compensation of the city clerk and city treasurer shall be set at $1,070.00 per month, payable biweekly. B. In addition to the compensation the city clerk and city treasurer receive under subsection (A) of this section, the city clerk and city treasurer shall receive an automobile allowance as established by resolution of the city council. 2.04.030 Duties of mayor. A. The mayor is a city council member with all the powers and duties of a city council member. The mayor may make or second motions and otherwise participate fully in the workings of the 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. B. 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. 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. C. 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 resolution or ordinance. Jan. 26, 2021 Item #5 Page 6 of 49 2.04.040 Eligibility for office. A. To be eligible to hold office as mayor, city council member, city clerk or city treasurer, a person must be an elector of the city at the time nomination papers are issued. B. To be eligible to become a candidate for the office of city clerk, a person must meet one of the following minimum criteria at the time nomination papers are issued: 1. The person must have obtained the designation of certified municipal clerk from the International Institute of Municipal Clerks. 2. The person must have two years of full-time, salaried work experience in either business administration or public administration and possesses a bachelor’s degree from an accredited college or university. C. To be eligible to become a candidate for the office of city treasurer, a person must have a four-year college degree in finance or business-related field and four years of financial work experience at the time nomination papers are issued. D. Notwithstanding California Government Code Section 53227 or any successor statute regulating the eligibility of a local agency employee to serve on the local agency’s legislative body, the mayor or a city council member may simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state laws, municipal ordinances and rules and regulations of the police department. 2.04.050 At-large election of mayor, city clerk, and city treasurer. The mayor, city clerk, and city treasurer shall be elected by the voters of the city at large. The persons elected as mayor, city clerk, and city treasurer shall hold office for a term of four years from the first Tuesday following election and until a successor is elected, qualified and sworn into office 2.04.060 By-district election of city council members. Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.080, city council members shall be elected on a by-district basis from four single-member council districts. The city’s by- district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c). 2.04.070 Establishment of council districts. A. Pursuant to Section 2.04.060, city council members shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four council districts described as follows, which shall continue in effect until they are amended or repealed: 1. Council District 1 shall comprise all that portion of the city reflected on Figure A. 2. Council District 2 shall comprise all that portion of the city reflected on Figure A. 3. Council District 3 shall comprise all that portion of the city reflected on Figure A. 4. Council District 4 shall comprise all that portion of the city reflected on Figure A. Jan. 26, 2021 Item #5 Page 7 of 49 Figure A B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this section and subsequently reapportioned pursuant to applicable state and federal law. C. Notwithstanding any other provision of this chapter, the city council member elected to represent a council district must reside in the district and be a registered voter in the district, and any candidate for city council must live in, and be a registered voter in, the council district in which the candidate seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and California Elections Code Section 10227. Termination of residency in a council district by a city council member shall create an immediate vacancy for that council district unless a substitute residence within the district is established within 30 days after the termination of residency. 2.04.080 Council district election schedule. Except as otherwise required by Section 2.04.110, the city council members shall be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. City council members shall be elected from Council Districts 2 and 4 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such council districts shall be amended. Jan. 26, 2021 Item #5 Page 8 of 49 2.04.090 Selection and duties of mayor pro tempore. The city council shall meet on the first Tuesday after the certification of the General Municipal Election results, or as soon thereafter as reasonably practicable, and choose one of its members as mayor pro tempore. If the mayor is absent or unable to act, the mayor pro tempore shall serve as mayor until the mayor returns or is able to act. While serving as mayor pursuant to this section, the mayor pro tempore shall have all of the powers and duties of the mayor. 2.04.100 Reorganization of the city council. As soon as reasonably practicable after a new city council member is sworn into office, or at the first regularly scheduled city council meeting of the calendar year, the city council shall appoint individual members of the city council to boards, commissions, committees or other bodies as the city council may find necessary for its effective functioning. These appointments shall be made by the mayor subject to the approval of the city council. The city council may only make changes to these appointments at another time if four-fifths of the members of the city council vote to do so. 2.04.110 Vacancies in office. A. Declaration of Vacancy. 1. Vacancies. The office of an elected official becomes vacant upon death, resignation, or forfeiture or removal from office on any ground provided by law. 2. Forfeiture. In addition to any other ground provided by law, an elected official forfeits office if the elected official: a. Lacks at any time during the elected official’s term of office any qualification for the office prescribed by the city charter, this code or other applicable law; b. Accepts or retains any other elective public office; or c. For the mayor and city council members, is absent without permission from all regular city council meetings for 60 days consecutively from the last regular city council meeting attended. An absence will be permitted if, the mayor or city council member informs the city clerk of the intended absence prior to the start of the meeting and the absence is due to any of the following: (i) Illness of the mayor or council member or an immediate family member (ii) Death of a family member (iii) Parental leave (iv) Military leave or (v) Performance of authorized city business A permitted absence will be recorded in the meeting minutes. 3. Declaration of Vacancy. If a vacancy occurs, the city council shall declare the existence of the vacancy or anticipated vacancy as soon as practicable. The date of the vacancy shall be determined as: a. In the case of a resignation, the effective date specified in the letter of resignation or, if no effective date is specified, the date upon which the letter of resignation is delivered to the city clerk. b. In the case of election to another office, the date on which the elected official is sworn into the other office. c. If sections (a) and (b) do not apply, the date of the declaration of vacancy by the city council. B. Filling of Vacancy by Appointment. 1. If a vacancy is declared by the city council with one year or less remaining in the term from the date of the declaration of vacancy, the city council shall within 45 days appoint a person to fill the vacancy. 2. The city council shall use good faith and best efforts to reach agreement on an appointment. If the city council is unable to make an appointment within 45 days of the declaration of vacancy, the office shall remain vacant for the remainder of the term. Jan. 26, 2021 Item #5 Page 9 of 49 3. For a vacancy created by a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. The resigning city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest. a. If a city council member elects to cast a vote under this subsection (B)(3), the city council member is prohibited from the following actions for a period of two years after the appointment of a successor: (i) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. (ii) Entering into a contract of any kind with the city or a city vendor. (iii) Accepting a position of employment with the city or a city vendor. (iv) Applying for a permit that is subject to the approval of the city council. b. This subsection (B)(3) shall not apply to a city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election. 4. In the event the city council makes an appointment, the appointee office holder shall hold office until a successor is elected. Any person appointed by the city council to fill the office of a council member or mayor may not seek election to that same office until one year after the end of the appointed term. C. Filling of Vacancy by Election. If a vacancy declared by the city council occurs with 25 months or more remaining in the term from the date of the declaration of vacancy, the city council shall fill the vacancy by calling a special election to be held on the next established election date not less than 114 days after the declaration of vacancy. D. Filling of Vacancy by Appointment or Election. 1. If a vacancy is declared by the city council with more than one year but less than 25 months remaining in the term from the date of the declaration of vacancy, the city council may either appoint a person to fill the vacancy under subsection (B) or call a special election to fill the vacancy under subsection (C). 2. The city council shall determine whether to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy. 3. If the city council determines to fill the vacancy by appointment and is unable to make an appointment within 45 days of the city council declaring a vacancy, the city council shall call a special election under subsection (C). E. Notwithstanding any other provision in this section, if an appointment would result in a majority of the city council members being appointed, the city council may not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than 25 months, the city council shall call a special election under subsection (C) to fill the vacancy. 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 Jan. 26, 2021 Item #5 Page 10 of 49 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 __________, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CELIA A. BREWER, City Attorney _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) Jan. 26, 2021 Item #5 Page 11 of 49 ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 2.04 AND REPEALING CHAPTER 2.06 AND SECTIONS 2.08.010, 2.08.020, 2.08.022, 2.08.030 AND 2.08.032 OF THE CARLSBAD MUNICIPAL CODE WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a comprehensive update to the 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 adopted Resolution 2017-095 authorizing the Code update; and WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with the update and expanding the update to include both the Code and City Council Policies (Policies); and WHEREAS, the elected officials in the City of Carlsbad are the Mayor, the City Councilmembers, the City Clerk and the City Treasurer; and WHEREAS, Title 2 of the Code currently contains sections related to elected officials in several different chapters; and WHEREAS, in order to avoid redundancies and allow for certain provisions to apply to all elected officials, the Subcommittee recommends and the City Council wishes to revise Chapter 2.04 to consolidate sections related to elected officials from Chapters 2.06 and 2.08 so that Chapter 2.04 will address issues related to all elected officials in the city; and WHEREAS, issues related to the election of local officials, organization of the City Council, and filling of vacancies of elected officials are municipal affairs. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Chapter 2.06 is repealed. 3. Carlsbad Municipal Code Sections 2.08.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032 are repealed. Exhibit 2 Jan. 26, 2021 Item #5 Page 12 of 49 4. Carlsbad Municipal Code Chapter 2.04 is renamed “Elected Officials” and is amended to read as follows: Chapter 2.04 ELECTED OFFICIALS Sections: 2.04.010 Compensation – mayor and city council. 2.04.020 Compensation – city clerk and city treasurer. 2.04.030 Duties of mayor. 2.04.040 Eligibility for office. 2.04.050 At-large election of mayor, city clerk, and city treasurer. 2.04.060 By-district election of city council members. 2.04.070 Establishment of council districts. 2.04.080 Council district election schedule. 2.04.090 Selection and duties of mayor pro tempore. 2.04.100 Reorganization of the city council. 2.04.110 Vacancies in office. 2.04.010 Compensation – mayor and city council. A. The compensation of each member of the city council shall be set at $2,052.17 per month upon the effective date of this ordinance. Adjustments to city council compensation shall not exceed the amount established by the San Diego Regional Consumer Price Index. Adjustments to city council compensation must be made or permanently waived by ordinance in January of each year. The city council is prohibited from enacting retroactive increases for years in which a salary increase was waived. B. The mayor shall receive compensation of $100.00 in addition to the compensation the mayor receives as a city council member under subsection (A) of this section. C. The compensation established by this section is exclusive of any amounts payable to each member of the city council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the city. 2.04.020 Compensation – city clerk and city treasurer A. The compensation of the city clerk and city treasurer shall be set at $1,070.00 per month, payable biweekly. B. In addition to the compensation the city clerk and city treasurer receive under subsection (A) of this section, the city clerk and city treasurer shall receive an automobile allowance as established by resolution of the city council. 2.04.030 Duties of mayor. A. The mayor is a city council member with all the powers and duties of a city council member. The mayor may make or second motions and otherwise participate fully in the workings of the 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. B. 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. Jan. 26, 2021 Item #5 Page 13 of 49 3. All instruments requiring the city seal. 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. C. 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 resolution or ordinance. 2.04.040 Eligibility for office. A. To be eligible to hold office as mayor, city council member, city clerk or city treasurer, a person must be an elector of the city at the time nomination papers are issued. B. To be eligible to become a candidate for the office of city clerk, a person must meet one of the following minimum criteria at the time nomination papers are issued: 1. The person must have obtained the designation of certified municipal clerk from the International Institute of Municipal Clerks. 2. The person must have two years of full-time, salaried work experience in either business administration or public administration and possesses a bachelor’s degree from an accredited college or university. C. To be eligible to become a candidate for the office of city treasurer, a person must have a four-year college degree in finance or business-related field and four years of financial work experience at the time nomination papers are issued. 2.04.050 At-large election of mayor, city clerk, and city treasurer. The mayor, city clerk, and city treasurer shall be elected by the voters of the city at large. The persons elected as mayor, city clerk, and city treasurer shall hold office for a term of four years from the first Tuesday following election and until a successor is elected, qualified and sworn into office 2.04.060 By-district election of city council members. Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.080, city council members shall be elected on a by-district basis from four single-member council districts. The city’s by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c). 2.04.070 Establishment of council districts. A. Pursuant to Section 2.04.060, city council members shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four council districts described as follows, which shall continue in effect until they are amended or repealed: 1. Council District 1 shall comprise all that portion of the city reflected on Figure A. 2. Council District 2 shall comprise all that portion of the city reflected on Figure A. 3. Council District 3 shall comprise all that portion of the city reflected on Figure A. 4. Council District 4 shall comprise all that portion of the city reflected on Figure A. Jan. 26, 2021 Item #5 Page 14 of 49 Figure A B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this section and subsequently reapportioned pursuant to applicable state and federal law. C. Notwithstanding any other provision of this chapter, the city council member elected to represent a council district must reside in the district and be a registered voter in the district, and any candidate for city council must live in, and be a registered voter in, the council district in which the candidate seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and California Elections Code Section 10227. Termination of residency in a council district by a city council member shall create an immediate vacancy for that council district unless a substitute residence within the district is established within 30 days after the termination of residency. 2.04.080 Council district election schedule. Except as otherwise required by Section 2.04.110, the city council members shall be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. City council members shall be elected from Council Districts 2 and 4 beginning Jan. 26, 2021 Item #5 Page 15 of 49 at the General Municipal Election in November 2020, and every four years thereafter, as such council districts shall be amended. 2.04.090 Selection and duties of mayor pro tempore. The city council shall meet on the first Tuesday after the certification of the General Municipal Election results, or as soon thereafter as reasonably practicable, and choose one of its members as mayor pro tempore. If the mayor is absent or unable to act, the mayor pro tempore shall serve as mayor until the mayor returns or is able to act. While serving as mayor pursuant to this section, the mayor pro tempore shall have all of the powers and duties of the mayor. 2.04.100 Reorganization of the city council. As soon as reasonably practicable after a new city council member is sworn into office, or at the first regularly scheduled city council meeting of the calendar year, the city council shall appoint individual members of the city council to boards, commissions, committees or other bodies as the city council may find necessary for its effective functioning. These appointments shall be made by the mayor subject to the approval of the city council. The city council may only make changes to these appointments at another time if four-fifths of the members of the city council vote to do so. 2.04.110 Vacancies in office. A. Declaration of Vacancy. 1. Vacancies. The office of an elected official becomes vacant upon death, resignation, or forfeiture or removal from office on any ground provided by law. 2. Forfeiture. In addition to any other ground provided by law, an elected official forfeits office if the elected official: a. Lacks at any time during the elected official’s term of office any qualification for the office prescribed by the city charter, this code or other applicable law; b. Accepts or retains any other elective public office; or c. For the mayor and city council members, is absent without permission from all regular city council meetings for 60 days consecutively from the last regular city council meeting attended. An absence will be permitted if, the mayor or city council member informs the city clerk of the intended absence prior to the start of the meeting and the absence is due to any of the following: (i) Illness of the mayor or council member or an immediate family member (ii) Death of a family member (iii) Parental leave (iv) Military leave or (v) Performance of authorized city business A permitted absence will be recorded in the meeting minutes. 3. Declaration of Vacancy. If a vacancy occurs, the city council shall declare the existence of the vacancy or anticipated vacancy as soon as practicable. The date of the vacancy shall be determined as: a. In the case of a resignation, the effective date specified in the letter of resignation or, if no effective date is specified, the date upon which the letter of resignation is delivered to the city clerk. b. In the case of election to another office, the date on which the elected official is sworn into the other office. c. If sections (a) and (b) do not apply, the date of the declaration of vacancy by the city council. B. Filling of Vacancy by Appointment. 1. If a vacancy is declared by the city council with one year or less remaining in the term from the date of the declaration of vacancy, the city council shall within 45 days appoint a person to fill the vacancy. Jan. 26, 2021 Item #5 Page 16 of 49 2. The city council shall use good faith and best efforts to reach agreement on an appointment. If the city council is unable to make an appointment within 45 days of the declaration of vacancy, the office shall remain vacant for the remainder of the term. 3. For a vacancy created by a city council member resigning from office, the resigning city council member may not cast a vote on the appointment. 4. In the event the city council makes an appointment, the appointee office holder shall hold office until a successor is elected. Any person appointed by the city council to fill the office of a council member or mayor may not seek election to that same office until one year after the end of the appointed term. C. Filling of Vacancy by Election. If a vacancy declared by the city council occurs with 25 months or more remaining in the term from the date of the declaration of vacancy, the city council shall fill the vacancy by calling a special election to be held on the next established election date not less than 114 days after the declaration of vacancy. D. Filling of Vacancy by Appointment or Election. 1. If a vacancy is declared by the city council with more than one year but less than 25 months remaining in the term from the date of the declaration of vacancy, the city council may either appoint a person to fill the vacancy under subsection (B) or call a special election to fill the vacancy under subsection (C). 2. The city council shall determine whether to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy. 3. If the city council determines to fill the vacancy by appointment and is unable to make an appointment within 45 days of the city council declaring a vacancy, the city council shall call a special election under subsection (C). E. Notwithstanding any other provision in this section, if an appointment would result in a majority of the city council members being appointed, the city council may not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than 25 months, the city council shall call a special election under subsection (C) to fill the vacancy. Jan. 26, 2021 Item #5 Page 17 of 49 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 __________, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CELIA A. BREWER, City Attorney _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) Jan. 26, 2021 Item #5 Page 18 of 49 ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 2.04 AND REPEALING CHAPTER 2.06 AND SECTIONS 2.08.010, 2.08.020, 2.08.022, 2.08.030 AND 2.08.032 OF THE CARLSBAD MUNICIPAL CODE WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a comprehensive update to the 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 adopted Resolution 2017-095 authorizing the Code update; and WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with the update and expanding the update to include both the Code and City Council Policies (Policies); and WHEREAS, the elected officials in the City of Carlsbad are the Mayor, the City Councilmembers, the City Clerk and the City Treasurer; and WHEREAS, Title 2 of the Code currently contains sections related to elected officials in several different chapters; and WHEREAS, in order to avoid redundancies and allow for certain provisions to apply to all elected officials, the Subcommittee recommends and the City Council wishes to revise Chapter 2.04 to consolidate sections related to elected officials from Chapters 2.06 and 2.08 so that Chapter 2.04 will address issues related to all elected officials in the city; and WHEREAS, issues related to the election of local officials, organization of the City Council, and filling of vacancies of elected officials are municipal affairs. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Chapter 2.06 is repealed. 3. Carlsbad Municipal Code Sections 2.08.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032 are repealed. Exhibit 3 Jan. 26, 2021 Item #5 Page 19 of 49 4. Carlsbad Municipal Code Chapter 2.04 is renamed “Elected Officials” and is amended to read as follows: Chapter 2.04 ELECTED OFFICIALS Sections: 2.04.010 Compensation – mayor and city council. 2.04.020 Compensation – city clerk and city treasurer. 2.04.030 Duties of mayor. 2.04.040 Eligibility for office. 2.04.050 At-large election of mayor, city clerk, and city treasurer. 2.04.060 By-district election of city council members. 2.04.070 Establishment of council districts. 2.04.080 Council district election schedule. 2.04.090 Selection and duties of mayor pro tempore. 2.04.100 Reorganization of the city council. 2.04.110 Vacancies in office. 2.04.010 Compensation – mayor and city council. A. The compensation of each member of the city council shall be set at $2,052.17 per month upon the effective date of this ordinance. Adjustments to city council compensation shall not exceed the amount established by the San Diego Regional Consumer Price Index. Adjustments to city council compensation must be made or permanently waived by ordinance in January of each year. The city council is prohibited from enacting retroactive increases for years in which a salary increase was waived. B. The mayor shall receive compensation of $100.00 in addition to the compensation the mayor receives as a city council member under subsection (A) of this section. C. The compensation established by this section is exclusive of any amounts payable to each member of the city council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the city. 2.04.020 Compensation – city clerk and city treasurer A. The compensation of the city clerk and city treasurer shall be set at $1,070.00 per month, payable biweekly. B. In addition to the compensation the city clerk and city treasurer receive under subsection (A) of this section, the city clerk and city treasurer shall receive an automobile allowance as established by resolution of the city council. 2.04.030 Duties of mayor. A. The mayor is a city council member with all the powers and duties of a city council member. The mayor may make or second motions and otherwise participate fully in the workings of the 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. B. The mayor shall sign: 1. All warrants drawn on the city treasury. Jan. 26, 2021 Item #5 Page 20 of 49 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. 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. C. 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 resolution or ordinance. 2.04.040 Eligibility for office. A. To be eligible to hold office as mayor, city council member, city clerk or city treasurer, a person must be an elector of the city at the time nomination papers are issued. B. To be eligible to become a candidate for the office of city clerk, a person must meet one of the following minimum criteria at the time nomination papers are issued: 1. The person must have obtained the designation of certified municipal clerk from the International Institute of Municipal Clerks. 2. The person must have two years of full-time, salaried work experience in either business administration or public administration and possesses a bachelor’s degree from an accredited college or university. C. To be eligible to become a candidate for the office of city treasurer, a person must have a four-year college degree in finance or business-related field and four years of financial work experience at the time nomination papers are issued. D. Notwithstanding California Government Code Section 53227 or any successor statute regulating the eligibility of a local agency employee to serve on the local agency’s legislative body, the mayor or a city council member may simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state laws, municipal ordinances and rules and regulations of the police department. 2.04.050 At-large election of mayor, city clerk, and city treasurer. The mayor, city clerk, and city treasurer shall be elected by the voters of the city at large. The persons elected as mayor, city clerk, and city treasurer shall hold office for a term of four years from the first Tuesday following election and until a successor is elected, qualified and sworn into office 2.04.060 By-district election of city council members. Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.080, city council members shall be elected on a by-district basis from four single-member council districts. The city’s by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c). 2.04.070 Establishment of council districts. A. Pursuant to Section 2.04.060, city council members shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four council districts described as follows, which shall continue in effect until they are amended or repealed: 1. Council District 1 shall comprise all that portion of the city reflected on Figure A. 2. Council District 2 shall comprise all that portion of the city reflected on Figure A. 3. Council District 3 shall comprise all that portion of the city reflected on Figure A. 4. Council District 4 shall comprise all that portion of the city reflected on Figure A. Jan. 26, 2021 Item #5 Page 21 of 49 Figure A B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this section and subsequently reapportioned pursuant to applicable state and federal law. C. Notwithstanding any other provision of this chapter, the city council member elected to represent a council district must reside in the district and be a registered voter in the district, and any candidate for city council must live in, and be a registered voter in, the council district in which the candidate seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and California Elections Code Section 10227. Termination of residency in a council district by a city council member shall create an immediate vacancy for that council district unless a substitute residence within the district is established within 30 days after the termination of residency. 2.04.080 Council district election schedule. Except as otherwise required by Section 2.04.110, the city council members shall be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. City council members shall be elected from Council Districts 2 and 4 beginning Jan. 26, 2021 Item #5 Page 22 of 49 at the General Municipal Election in November 2020, and every four years thereafter, as such council districts shall be amended. 2.04.090 Selection and duties of mayor pro tempore. The city council shall meet on the first Tuesday after the certification of the General Municipal Election results, or as soon thereafter as reasonably practicable, and choose one of its members as mayor pro tempore. If the mayor is absent or unable to act, the mayor pro tempore shall serve as mayor until the mayor returns or is able to act. While serving as mayor pursuant to this section, the mayor pro tempore shall have all of the powers and duties of the mayor. 2.04.100 Reorganization of the city council. As soon as reasonably practicable after a new city council member is sworn into office, or at the first regularly scheduled city council meeting of the calendar year, the city council shall appoint individual members of the city council to boards, commissions, committees or other bodies as the city council may find necessary for its effective functioning. These appointments shall be made by the mayor subject to the approval of the city council. The city council may only make changes to these appointments at another time if four-fifths of the members of the city council vote to do so. 2.04.110 Vacancies in office. A. Declaration of Vacancy. 1. Vacancies. The office of an elected official becomes vacant upon death, resignation, or forfeiture or removal from office on any ground provided by law. 2. Forfeiture. In addition to any other ground provided by law, an elected official forfeits office if the elected official: a. Lacks at any time during the elected official’s term of office any qualification for the office prescribed by the city charter, this code or other applicable law; b. Accepts or retains any other elective public office; or c. For the mayor and city council members, is absent without permission from all regular city council meetings for 60 days consecutively from the last regular city council meeting attended. An absence will be permitted if, the mayor or city council member informs the city clerk of the intended absence prior to the start of the meeting and the absence is due to any of the following: (i) Illness of the mayor or council member or an immediate family member (ii) Death of a family member (iii) Parental leave (iv) Military leave or (v) Performance of authorized city business A permitted absence will be recorded in the meeting minutes. 3. Declaration of Vacancy. If a vacancy occurs, the city council shall declare the existence of the vacancy or anticipated vacancy as soon as practicable. The date of the vacancy shall be determined as: a. In the case of a resignation, the effective date specified in the letter of resignation or, if no effective date is specified, the date upon which the letter of resignation is delivered to the city clerk. b. In the case of election to another office, the date on which the elected official is sworn into the other office. c. If sections (a) and (b) do not apply, the date of the declaration of vacancy by the city council. B. Filling of Vacancy by Appointment. 1. If a vacancy is declared by the city council with one year or less remaining in the term from the date of the declaration of vacancy, the city council shall within 45 days appoint a person to fill the vacancy. Jan. 26, 2021 Item #5 Page 23 of 49 2. The city council shall use good faith and best efforts to reach agreement on an appointment. If the city council is unable to make an appointment within 45 days of the declaration of vacancy, the office shall remain vacant for the remainder of the term. 3. For a vacancy created by a city council member resigning from office, the resigning city council member may not cast a vote on the appointment. 4. In the event the city council makes an appointment, the appointee office holder shall hold office until a successor is elected. Any person appointed by the city council to fill the office of a council member or mayor may not seek election to that same office until one year after the end of the appointed term. C. Filling of Vacancy by Election. If a vacancy declared by the city council occurs with 25 months or more remaining in the term from the date of the declaration of vacancy, the city council shall fill the vacancy by calling a special election to be held on the next established election date not less than 114 days after the declaration of vacancy. D. Filling of Vacancy by Appointment or Election. 1. If a vacancy is declared by the city council with more than one year but less than 25 months remaining in the term from the date of the declaration of vacancy, the city council may either appoint a person to fill the vacancy under subsection (B) or call a special election to fill the vacancy under subsection (C). 2. The city council shall determine whether to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy. 3. If the city council determines to fill the vacancy by appointment and is unable to make an appointment within 45 days of the city council declaring a vacancy, the city council shall call a special election under subsection (C). E. Notwithstanding any other provision in this section, if an appointment would result in a majority of the city council members being appointed, the city council may not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than 25 months, the city council shall call a special election under subsection (C) to fill the vacancy. Jan. 26, 2021 Item #5 Page 24 of 49 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 __________, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CELIA A. BREWER, City Attorney _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) Jan. 26, 2021 Item #5 Page 25 of 49 ORDINANCE NO. . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 2.04 AND REPEALING CHAPTER 2.06 AND SECTIONS 2.08.010, 2.08.020, 2.08.022, 2.08.030 AND 2.08.032 OF THE CARLSBAD MUNICIPAL CODE WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council) determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a comprehensive update to the 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 adopted Resolution 2017-095 authorizing the Code update; and WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with the update and expanding the update to include both the Code and City Council Policies (Policies); and WHEREAS, the elected officials in the City of Carlsbad are the Mayor, the City Councilmembers, the City Clerk and the City Treasurer; and WHEREAS, Title 2 of the Code currently contains sections related to elected officials in several different chapters; and WHEREAS, in order to avoid redundancies and allow for certain provisions to apply to all elected officials, the Subcommittee recommends and the City Council wishes to revise Chapter 2.04 to consolidate sections related to elected officials from Chapters 2.06 and 2.08 so that Chapter 2.04 will address issues related to all elected officials in the city; and WHEREAS, issues related to the election of local officials, organization of the City Council, and filling of vacancies of elected officials are municipal affairs. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Chapter 2.06 is repealed. 3. Carlsbad Municipal Code Sections 2.08.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032 are repealed. Exhibit 4 Jan. 26, 2021 Item #5 Page 26 of 49 4. Carlsbad Municipal Code Chapter 2.04 is renamed “Elected Officials” and is amended to read as follows: Chapter 2.04 ELECTED OFFICIALS Sections: 2.04.010 Compensation – mayor and city council. 2.04.020 Compensation – city clerk and city treasurer. 2.04.030 Duties of mayor. 2.04.040 Eligibility for office. 2.04.050 At-large election of mayor, city clerk, and city treasurer. 2.04.060 By-district election of city council members. 2.04.070 Establishment of council districts. 2.04.080 Council district election schedule. 2.04.090 Selection and duties of mayor pro tempore. 2.04.100 Reorganization of the city council. 2.04.110 Vacancies in office. 2.04.010 Compensation – mayor and city council. A. The compensation of each member of the city council shall be set at $2,052.17 per month upon the effective date of this ordinance. Adjustments to city council compensation shall not exceed the amount established by the San Diego Regional Consumer Price Index. Adjustments to city council compensation must be made or permanently waived by ordinance in January of each year. The city council is prohibited from enacting retroactive increases for years in which a salary increase was waived. B. The mayor shall receive compensation of $100.00 in addition to the compensation the mayor receives as a city council member under subsection (A) of this section. C. The compensation established by this section is exclusive of any amounts payable to each member of the city council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the city. 2.04.020 Compensation – city clerk and city treasurer A. The compensation of the city clerk and city treasurer shall be set at $1,070.00 per month, payable biweekly. B. In addition to the compensation the city clerk and city treasurer receive under subsection (A) of this section, the city clerk and city treasurer shall receive an automobile allowance as established by resolution of the city council. 2.04.030 Duties of mayor. A. The mayor is a city council member with all the powers and duties of a city council member. The mayor may make or second motions and otherwise participate fully in the workings of the 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. B. 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. Jan. 26, 2021 Item #5 Page 27 of 49 3. All instruments requiring the city seal. 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. C. 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 resolution or ordinance. 2.04.040 Eligibility for office. A. To be eligible to hold office as mayor, city council member, city clerk or city treasurer, a person must be an elector of the city at the time nomination papers are issued. B. To be eligible to become a candidate for the office of city clerk, a person must meet one of the following minimum criteria at the time nomination papers are issued: 1. The person must have obtained the designation of certified municipal clerk from the International Institute of Municipal Clerks. 2. The person must have two years of full-time, salaried work experience in either business administration or public administration and possesses a bachelor’s degree from an accredited college or university. C. To be eligible to become a candidate for the office of city treasurer, a person must have a four-year college degree in finance or business-related field and four years of financial work experience at the time nomination papers are issued. 2.04.050 At-large election of mayor, city clerk, and city treasurer. The mayor, city clerk, and city treasurer shall be elected by the voters of the city at large. The persons elected as mayor, city clerk, and city treasurer shall hold office for a term of four years from the first Tuesday following election and until a successor is elected, qualified and sworn into office 2.04.060 By-district election of city council members. Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.080, city council members shall be elected on a by-district basis from four single-member council districts. The city’s by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c). 2.04.070 Establishment of council districts. A. Pursuant to Section 2.04.060, city council members shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four council districts described as follows, which shall continue in effect until they are amended or repealed: 1. Council District 1 shall comprise all that portion of the city reflected on Figure A. 2. Council District 2 shall comprise all that portion of the city reflected on Figure A. 3. Council District 3 shall comprise all that portion of the city reflected on Figure A. 4. Council District 4 shall comprise all that portion of the city reflected on Figure A. Jan. 26, 2021 Item #5 Page 28 of 49 Figure A B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this section and subsequently reapportioned pursuant to applicable state and federal law. C. Notwithstanding any other provision of this chapter, the city council member elected to represent a council district must reside in the district and be a registered voter in the district, and any candidate for city council must live in, and be a registered voter in, the council district in which the candidate seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and California Elections Code Section 10227. Termination of residency in a council district by a city council member shall create an immediate vacancy for that council district unless a substitute residence within the district is established within 30 days after the termination of residency. 2.04.080 Council district election schedule. Except as otherwise required by Section 2.04.110, the city council members shall be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. City council members shall be elected from Council Districts 2 and 4 beginning Jan. 26, 2021 Item #5 Page 29 of 49 at the General Municipal Election in November 2020, and every four years thereafter, as such council districts shall be amended. 2.04.090 Selection and duties of mayor pro tempore. The city council shall meet on the first Tuesday after the certification of the General Municipal Election results, or as soon thereafter as reasonably practicable, and choose one of its members as mayor pro tempore. If the mayor is absent or unable to act, the mayor pro tempore shall serve as mayor until the mayor returns or is able to act. While serving as mayor pursuant to this section, the mayor pro tempore shall have all of the powers and duties of the mayor. 2.04.100 Reorganization of the city council. As soon as reasonably practicable after a new city council member is sworn into office, or at the first regularly scheduled city council meeting of the calendar year, the city council shall appoint individual members of the city council to boards, commissions, committees or other bodies as the city council may find necessary for its effective functioning. These appointments shall be made by the mayor subject to the approval of the city council. The city council may only make changes to these appointments at another time if four-fifths of the members of the city council vote to do so. 2.04.110 Vacancies in office. A. Declaration of Vacancy. 1. Vacancies. The office of an elected official becomes vacant upon death, resignation, or forfeiture or removal from office on any ground provided by law. 2. Forfeiture. In addition to any other ground provided by law, an elected official forfeits office if the elected official: a. Lacks at any time during the elected official’s term of office any qualification for the office prescribed by the city charter, this code or other applicable law; b. Accepts or retains any other elective public office; or c. For the mayor and city council members, is absent without permission from all regular city council meetings for 60 days consecutively from the last regular city council meeting attended. An absence will be permitted if, the mayor or city council member informs the city clerk of the intended absence prior to the start of the meeting and the absence is due to any of the following: (i) Illness of the mayor or council member or an immediate family member (ii) Death of a family member (iii) Parental leave (iv) Military leave or (v) Performance of authorized city business A permitted absence will be recorded in the meeting minutes. 3. Declaration of Vacancy. If a vacancy occurs, the city council shall declare the existence of the vacancy or anticipated vacancy as soon as practicable. The date of the vacancy shall be determined as: a. In the case of a resignation, the effective date specified in the letter of resignation or, if no effective date is specified, the date upon which the letter of resignation is delivered to the city clerk. b. In the case of election to another office, the date on which the elected official is sworn into the other office. c. If sections (a) and (b) do not apply, the date of the declaration of vacancy by the city council. B. Filling of Vacancy by Appointment. 1. If a vacancy is declared by the city council with one year or less remaining in the term from the date of the declaration of vacancy, the city council shall within 45 days appoint a person to fill the vacancy. Jan. 26, 2021 Item #5 Page 30 of 49 2. The city council shall use good faith and best efforts to reach agreement on an appointment. If the city council is unable to make an appointment within 45 days of the declaration of vacancy, the office shall remain vacant for the remainder of the term. 3. For a vacancy created by a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. The resigning city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest. a. If a city council member elects to cast a vote under this subsection (B)(3), the city council member is prohibited from the following actions for a period of two years after the appointment of a successor: (i) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. (ii) Entering into a contract of any kind with the city or a city vendor. (iii) Accepting a position of employment with the city or a city vendor. (iv) Applying for a permit that is subject to the approval of the city council. b. This subsection (B)(3) shall not apply to a city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election. 4. In the event the city council makes an appointment, the appointee office holder shall hold office until a successor is elected. Any person appointed by the city council to fill the office of a council member or mayor may not seek election to that same office until one year after the end of the appointed term. C. Filling of Vacancy by Election. If a vacancy declared by the city council occurs with 25 months or more remaining in the term from the date of the declaration of vacancy, the city council shall fill the vacancy by calling a special election to be held on the next established election date not less than 114 days after the declaration of vacancy. D. Filling of Vacancy by Appointment or Election. 1. If a vacancy is declared by the city council with more than one year but less than 25 months remaining in the term from the date of the declaration of vacancy, the city council may either appoint a person to fill the vacancy under subsection (B) or call a special election to fill the vacancy under subsection (C). 2. The city council shall determine whether to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy. 3. If the city council determines to fill the vacancy by appointment and is unable to make an appointment within 45 days of the city council declaring a vacancy, the city council shall call a special election under subsection (C). E. Notwithstanding any other provision in this section, if an appointment would result in a majority of the city council members being appointed, the city council may not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than 25 months, the city council shall call a special election under subsection (C) to fill the vacancy. Jan. 26, 2021 Item #5 Page 31 of 49 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 __________, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CELIA A. BREWER, City Attorney _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) Jan. 26, 2021 Item #5 Page 32 of 49 EXHIBIT 5 Chapter 2.04 ELECTED OFFICIALS Sections: 2.04.010 Compensation – mayor and city council. 2.04.020 Compensation – city clerk and city treasurer. 2.04.030 Duties of mayor. 2.04.040 Eligibility for office. 2.04.050 At-large election of mayor, city clerk, and city treasurer. 2.04.060 By-district election of city council members. 2.04.070 Establishment of council districts. 2.04.080 Council district election schedule. 2.04.090 Selection and duties of mayor pro tempore. 2.04.100 Reorganization of the city council. 2.04.110 Vacancies in office. 2.04.010 Compensation – mayor and city council. A. The compensation of each member of the city council shall be set at $2,052.17 per month upon the effective date of this ordinance. Adjustments to city council compensation shall not exceed the amount established by the San Diego Regional Consumer Price Index. Adjustments to city council compensation must be made or permanently waived by ordinance in January of each year. The city council is prohibited from enacting retroactive increases for years in which a salary increase was waived. B. The mayor shall receive compensation of $100.00 in addition to the compensation the mayor receives as a city council member under subsection (A) of this section. C. The compensation established by this section is exclusive of any amounts payable to each member of the city council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the city. 2.04.020 Compensation – city clerk and city treasurer A. The compensation of the city clerk and city treasurer shall be set at $1,070.00 per month, payable biweekly. B. In addition to the compensation the city clerk and city treasurer receive under subsection (A) of this section, the city clerk and city treasurer shall receive an automobile allowance as established by resolution of the city council. 2.04.030 Duties of mayor. A. The mayor is a city council member with all the powers and duties of a city council member. The mayor may make or second motions and otherwise participate fully in the workings of the 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. B. 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. 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. Jan. 26, 2021 Item #5 Page 33 of 49 C. 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 resolution or ordinance. 2.04.040 Eligibility for office. A. To be eligible to hold office as mayor, city council member, city clerk or city treasurer, a person must be an elector of the city at the time nomination papers are issued. B. To be eligible to become a candidate for the office of city clerk, a person must meet one of the following minimum criteria at the time nomination papers are issued: 1. The person must have obtained the designation of certified municipal clerk from the International Institute of Municipal Clerks. 2. The person must have two years of full-time, salaried work experience in either business administration or public administration and possesses a bachelor’s degree from an accredited college or university. C. To be eligible to become a candidate for the office of city treasurer, a person must have a four-year college degree in finance or business-related field and four years of financial work experience at the time nomination papers are issued. Councilmember Schumacher’s Recommendation Mayor Pro Tem Blackburn’s Recommendation Remove section D. D. Notwithstanding California Government Code Section 53227 or any successor statute regulating the eligibility of a local agency employee to serve on the local agency’s legislative body, the mayor or a city council member may simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state laws, municipal ordinances and rules and regulations of the police department. 2.04.050 At-large election of mayor, city clerk, and city treasurer. The mayor, city clerk, and city treasurer shall be elected by the voters of the city at large. The persons elected as mayor, city clerk, and city treasurer shall hold office for a term of four years from the first Tuesday following election and until a successor is elected, qualified and sworn into office 2.04.060 By-district election of city council members. Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.080, city council members shall be elected on a by-district basis from four single-member council districts. The city’s by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c). 2.04.070 Establishment of council districts. A. Pursuant to Section 2.04.060, city council members shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four council districts described as follows, which shall continue in effect until they are amended or repealed: 1. Council District 1 shall comprise all that portion of the city reflected on Figure A. 2. Council District 2 shall comprise all that portion of the city reflected on Figure A. Jan. 26, 2021 Item #5 Page 34 of 49 3. Council District 3 shall comprise all that portion of the city reflected on Figure A. 4. Council District 4 shall comprise all that portion of the city reflected on Figure A. Figure A B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this section and subsequently reapportioned pursuant to applicable state and federal law. C. Notwithstanding any other provision of this chapter, the city council member elected to represent a council district must reside in the district and be a registered voter in the district, and any candidate for city council must live in, and be a registered voter in, the council district in which the candidate seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and California Elections Code Section 10227. Termination of residency in a council district by a city council member shall create an immediate vacancy for that council district unless a substitute residence within the district is established within 30 days after the termination of residency. Jan. 26, 2021 Item #5 Page 35 of 49 2.04.080 Council district election schedule. Except as otherwise required by Section 2.04.110, the city council members shall be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. City council members shall be elected from Council Districts 2 and 4 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such council districts shall be amended. 2.04.090 Selection and duties of mayor pro tempore. The city council shall meet on the first Tuesday after the certification of the General Municipal Election results, or as soon thereafter as reasonably practicable, and choose one of its members as mayor pro tempore. If the mayor is absent or unable to act, the mayor pro tempore shall serve as mayor until the mayor returns or is able to act. While serving as mayor pursuant to this section, the mayor pro tempore shall have all of the powers and duties of the mayor. 2.04.100 Reorganization of the city council. As soon as reasonably practicable after a new city council member is sworn into office, or at the first regularly scheduled city council meeting of the calendar year, the city council shall appoint individual members of the city council to boards, commissions, committees or other bodies as the city council may find necessary for its effective functioning. These appointments shall be made by the mayor subject to the approval of the city council. The city council may only make changes to these appointments at another time if four-fifths of the members of the city council vote to do so. 2.04.110 Vacancies in office. A. Declaration of Vacancy. 1. Vacancies. The office of an elected official becomes vacant upon death, resignation, or forfeiture or removal from office on any ground provided by law. 2. Forfeiture. In addition to any other ground provided by law, an elected official forfeits office if the elected official: a. Lacks at any time during the elected official’s term of office any qualification for the office prescribed by the city charter, this code or other applicable law; b. Accepts or retains any other elective public office; or c. For the mayor and city council members, is absent without permission from all regular city council meetings for 60 days consecutively from the last regular city council meeting attended. An absence will be permitted if, the mayor or city council member informs the city clerk of the intended absence prior to the start of the meeting and the absence is due to any of the following: (i) Illness of the mayor or council member or an immediate family member (ii) Death of a family member (iii) Parental leave (iv) Military leave or (v) Performance of authorized city business A permitted absence will be recorded in the meeting minutes. 3. Declaration of Vacancy. If a vacancy occurs, the city council shall declare the existence of the vacancy or anticipated vacancy as soon as practicable. The date of the vacancy shall be determined as: Jan. 26, 2021 Item #5 Page 36 of 49 a. In the case of a resignation, the effective date specified in the letter of resignation or, if no effective date is specified, the date upon which the letter of resignation is delivered to the city clerk. b. In the case of election to another office, the date on which the elected official is sworn into the other office. c. If sections (a) and (b) do not apply, the date of the declaration of vacancy by the city council. B. Filling of Vacancy by Appointment. 1. If a vacancy is declared by the city council with one year or less remaining in the term from the date of the declaration of vacancy, the city council shall within 45 days appoint a person to fill the vacancy. 2. The city council shall use good faith and best efforts to reach agreement on an appointment. If the city council is unable to make an appointment within 45 days of the declaration of vacancy, the office shall remain vacant for the remainder of the term. Councilmember Schumacher’s Recommendation [Would like to discuss whether there are circumstances warranting an exception] Mayor Pro Tem Blackburn’s Recommendation [Would like to discuss the following option with the entire city council] 3. For a vacancy created by a city council member resigning from office, the resigning city council member may not cast a vote on the appointment. 3. For a vacancy created by a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. The resigning city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest. a. If a city council member elects to cast a vote under this subsection (B)(3), the city council member is prohibited from the following actions for a period of two years after the appointment of a successor: i. Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. ii. Entering into a contract of any kind with the city or a city vendor. iii. Accepting a position of employment with the city or a city vendor. iv. Applying for a permit that is subject to the approval of the city council. b. This subsection (B)(3) shall not apply to a city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election. Jan. 26, 2021 Item #5 Page 37 of 49 4. In the event the city council makes an appointment, the appointee office holder shall hold office until a successor is elected. Any person appointed by the city council to fill the office of a council member or mayor may not seek election to that same office until one year after the end of the appointed term. C. Filling of Vacancy by Election. If a vacancy declared by the city council occurs with 25 months or more remaining in the term from the date of the declaration of vacancy, the city council shall fill the vacancy by calling a special election to be held on the next established election date not less than 114 days after the declaration of vacancy. D. Filling of Vacancy by Appointment or Election. 1. If a vacancy is declared by the city council with more than one year but less than 25 months remaining in the term from the date of the declaration of vacancy, the city council may either appoint a person to fill the vacancy under subsection (B) or call a special election to fill the vacancy under subsection (C). 2. The city council shall determine whether to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy. 3. If the city council determines to fill the vacancy by appointment and is unable to make an appointment within 45 days of the city council declaring a vacancy, the city council shall call a special election under subsection (C). E. Notwithstanding any other provision in this section, if an appointment would result in a majority of the city council members being appointed, the city council may not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than 25 months, the city council shall call a special election under subsection (C) to fill the vacancy. Jan. 26, 2021 Item #5 Page 38 of 49 Chapter 2.04 CITY COUNCILELECTED OFFICIALS Sections: 2.04.010 Compensation – mayor and city council. 2.04.020 Elected mayor—Additional cCompensation – city clerk and city treasurer. 2.04.030 Vacancies in officeDuties of mayor. 2.04.040 Eligibility for office. 2.04.050 Reorganization Annual reorganization of the city councilAt-large election of mayor, city clerk, and city treasurer. 2.04.060 Eligibility for officeBy-district election of city council members. 2.04.070 By-district electoral systemEstablishment of council districts. 2.04.080 Establishment of city council electoral districtsCouncil district election schedule. 2.04.090 Election scheduleSelection and duties of mayor pro tempore. 2.04.100 R eorganization of the city council. 2.04.110 Vacancies in office. 2.04.010 Compensation – mayor and city council. A. The compensation of each member of the city council shall be set at $2,052.17 per month upon the effective date of this ordinance. Adjustments to city council compensation shall not exceed the amount established by the San Diego Regional Consumer Price iIndex. Adjustments to city council compensation must be made or permanently waived by ordinance in January of each year. The city council is prohibited from enacting retroactive increases for years in which a salary increase was waived. B. The mayor shall receive compensation of $100.00 in addition to the compensation the mayor receives as a city council member under subsection (A) of this section. BC. The compensation established by this section is exclusive of any amounts payable to each member of the city council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the city. 2.04.020 Elected mayor—Additional compensation.Compensation – city clerk and city treasurer A. The compensation of the city clerk and city treasurer shall be set at $1,070.00 per month, payable biweekly. B. In addition to the compensation the city clerk and city treasurer receive under subsection (A) of this section, the city clerk and city treasurer shall receive an automobile allowance as established by resolution of the city council. The mayor, elected pursuant to Sections 34900 to 34904 inclusive of the Government Code, shall receive additional compensation of $100.00 per month in addition to the compensation the mayor receives as a member of the city council. This additional compensation may be amended from time to time by the adoption of an ordinance amending this section. 2.04.030 Duties of mayor. A. The mayor is a city council member with all the powers and duties of a city council member. The mayor may make or second motions and otherwise participate fully in the workings of the 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. B. The mayor shall sign: EXHIBIT 6 Jan. 26, 2021 Item #5 Page 39 of 49 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. 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. C. 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 resolution or ordinance. 2.04.0340 Vacancies in officeEligibility for office. A. To be eligible to hold office as mayor, city council member, city clerk or city treasurer, a person must be an elector of the city at the time nomination papers are issued. B. To be eligible to become a candidate for the office of city clerk, a person must meet one of the following minimum criteria at the time nomination papers are issued: 1. The person must have obtained the designation of certified municipal clerk from the International Institute of Municipal Clerks. 2. The person must have two years of full-time, salaried work experience in either business administration or public administration and possesses a bachelor’s degree from an accredited college or university. C. To be eligible to become a candidate for the office of city treasurer, a person must have a four-year college degree in finance or business-related field and four years of financial work experience at the time nomination papers are issued. Councilmember Schumacher’s Recommendation Mayor Pro Tem Blackburn’s Recommendation Remove section D. D. Notwithstanding California Government Code Section 53227 or any successor statute regulating the eligibility of a local agency employee to serve on the local agency’s legislative body, the mayor or a city council member may simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state laws, municipal ordinances and rules and regulations of the police department. D. Notwithstanding California Government Code Section 53227 or any successor statute regulating the eligibility of a local agency employee to serve on the local agency’s legislative body, the mayor or a city council member may simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state laws, municipal ordinances and rules and regulations of the police department. 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 Jan. 26, 2021 Item #5 Page 40 of 49 member of the city council, the city clerk or city treasurer the council shall, within 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 10% 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 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. B. If the council fails to fill the vacancy within 60 days, it shall immediately call an election to fill the vacancy, to be held on the next established election date not less than 114 days thereafter. C. Notwithstanding anything herein to the contrary, when a vacancy occurs in elected office prior to the close of the nomination period, the vacancy shall be filled by the general election regardless of whether or not the vacancy is filled by appointment by the city council. 2.04.050 At-large election of mayor, city clerk, and city treasurer. The mayor, city clerk, and city treasurer shall be elected by the voters of the city at large. The persons elected as mayor, city clerk, and city treasurer shall hold office for a term of four years from the first Tuesday following election and until a successor is elected, qualified and sworn into office 2.04.050 Reorganization of the city council. At the meeting when the general election results are certified by the county clerk or city clerk, as appropriate, or as soon as reasonably practicable thereafter, the city council shall meet for the purpose of appointing individual members of the city council to boards, commissions, committees or other bodies as the council may find necessary for its reorganization and effective functioning. 2.04.060 Eligibility for office. A. A person is not eligible to hold office as a member of the city council unless that person is, at the time of assuming such office, an elector of the City of Carlsbad. 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, a city council member may simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state laws, municipal ordinances and rules and regulations of the police department. 2.04.0760 By-district electoral systemBy-district election of city council members. Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.0980 of this chapter, beginning in November 2018, city council members of the city council shall be elected on a by-district basis from four single-member council districts. The mayor shall be separately elected on a city- wide basis. The city’s by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c). 2.04.0870 Establishment of city council electoral districts. A. Pursuant to Section 2.04.0760 of this chapter, city council members of the city council shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four council districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law: 1. Council District 1 shall comprise all that portion of the city reflected on Figure A. Jan. 26, 2021 Item #5 Page 41 of 49 2. Council District 2 shall comprise all that portion of the city reflected on Figure A. 3. Council District 3 shall comprise all that portion of the city reflected on Figure A. 4. Council District 4 shall comprise all that portion of the city reflected on Figure A. Jan. 26, 2021 Item #5 Page 42 of 49 Figure A B. Members of the city council, excluding the mayor, shall be elected in the electoral districts established by this section and subsequently reapportioned pursuant to applicable state and federal law. C. Except as provided in subsection D and nNotwithstanding any other provision of this chapter, once this chapter is fully phased in, the city council member of the city council elected to represent a council district must reside in thate district and be a registered voter in thate district, and any candidate for city council must live in, and be a registered voter in, the council district in which he or shethe candidate seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and California Elections Code Section 10227. Termination of residency in a council district by a city council member of the city council shall create an immediate vacancy for that council district unless a substitute residence within the district is established within 30 days after the termination of residency. D. Notwithstanding any other provision of this section, and consistent with the requirements of California Government Code Section 36512, the members of the city council in office at the time the ordinance codified in this chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each member Jan. 26, 2021 Item #5 Page 43 of 49 of the city council, excluding the separate office of mayor, that member of the city council’s successor shall be elected on a by-district basis in the districts established in this section and as provided in Section 2.04.090 of this chapter. E. Nothing in this section shall effect the election of the mayor, who shall remain elected on a city-wide basis, in accordance with Sections 2.04.020 and 2.04.060 of this chapter and Chapter 2.06 of this code. 2.04.0980 Council district Eelection schedule. Except as otherwise required by California Government Code Section 36512Section 2.04.110, the city council members of the city council shall be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. City council Mmembers of the city council shall be elected from Council Districts 2 and 4 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such council districts shall be amended. The election schedule for the mayor is not affected by this section. 2.04.090 Selection and duties of mayor pro tempore. The city council shall meet on the first Tuesday after the certification of the General Municipal Election results, or as soon thereafter as reasonably practicable, and choose one of its members as mayor pro tempore. If the mayor is absent or unable to act, the mayor pro tempore shall serve as mayor until the mayor returns or is able to act. While serving as mayor pursuant to this section, the mayor pro tempore shall have all of the powers and duties of the mayor. 2.04.100 R eorganization of the city council. As soon as reasonably practicable after any meeting wherea new city council member is sworn into office, or at the first regularly scheduled city council meeting of the calendar year, the city council shall appoint individual members of the city council to boards, commissions, committees or other bodies as the city council may find necessary for its effective functioning. These appointments shall be made by the mayor subject to the approval of the city council. The city council may only make changes to these appointments at another time if four-fifths of the members of the city council vote to do so. 2.04.110 Vacancies in office. A. Declaration of Vacancy. 1. Vacancies. The office of an elected official becomes vacant upon death, resignation, or forfeiture or removal from office on any ground provided by law. 2. Forfeiture. In addition to any other ground provided by law, an elected official forfeits office if the elected official: a. Lacks at any time during the elected official’s term of office any qualification for the office prescribed by the city charter, this code or other applicable law; b. Accepts or retains any other elective public office; or c. For the mayor and city council members, is absent without permission from three consecutive all regular city council meetings for 60 days consecutively from the last regular city council meeting attended. An absence will be excusedpermitted if, the mayor or city council member informs the city clerk of the intended absence prior to the start of the meeting and the absence is due to any of the following: (i) Illness of the mayor or council member or an immediate family member (ii) Death of a family member Jan. 26, 2021 Item #5 Page 44 of 49 (iii) Parental leave (iv) Military leave or  (v) Performance of authorized city business A permitted absence will be recorded in the meeting minutes. 3. Declaration of Vacancy. If a vacancy occurs, the city council shall declare the existence of the vacancy or anticipated vacancy as soon as practicable. The date of the vacancy shall be determined as: a. In the case of a resignation, the effective date specified in the letter of resignation or, if no effective date is specified, the date upon which the letter of resignation is delivered to the city clerk. b. In the case of election to another office, the date on which the elected official is sworn into the other office. c. If sections (a) and (b) do not apply, the date of the declaration of vacancy by the city council. B. Filling of Vacancy by Appointment. 1. If a vacancy is declared by the city council with one year or less remaining in the term from the date of the declaration of vacancy, the city council shall within 45 days appoint a person to fill the vacancy. 2. The city council shall use good faith and best efforts to reach agreement on an appointment. If the city council is unable to make an appointment within 45 days of the declaration of vacancy, the office shall remain vacant for the remainder of the term. Councilmember Schumacher’s Recommendation [Would like to discuss whether there are circumstances warranting an exception] Mayor Pro Tem Blackburn’s Recommendation [Would like to discuss the following option with the entire city council:] 3. For a vacancy created by a city council member resigning from office, the resigning city council member may not cast a vote on the appointment. 3. For a vacancy created by a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. The resigning city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest. a. If a city council member elects to cast a vote under this subsection (B)(3), the city council member is prohibited from the following actions for a period of two years after the appointment of a successor: i. Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. ii. Entering into a contract of any kind with the city or a city vendor. Jan. 26, 2021 Item #5 Page 45 of 49 iii. Accepting a position of employment with the city or a city vendor. iv. Applying for a permit that is subject to the approval of the city council. b. This subsection (B)(3) shall not apply to a city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election. 2.4. In the event the city council makes an appointment, the appointee office holder shall hold office until a successor is elected. Any person appointed by the city council to fill the office of a council member or mayor may not seek election to that same office until one year after the end of the appointed term. C. Filling of Vacancy by Election. If a vacancy declared by the city council occurs with 25 months or more remaining in the term from the date of the declaration of vacancy, the city council shall fill the vacancy by calling a special election to be held on the next established election date not less than 114 days after the declaration of vacancy. D. Filling of Vacancy by Appointment or Election. 1. If a vacancy is declared by the city council with more than one year but less than 25 months remaining in the term from the date of the declaration of vacancy, the city council may either appoint a person to fill the vacancy under subsection (B) or call a special election to fill the vacancy under subsection (C). 2. The city council shall determine whether to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy. 3. If the city council determines to fill the vacancy by appointment and is unable to make an appointment within 45 days of the city council declaring a vacancy, the city council shall call a special election under subsection (C). E. Notwithstanding any other provision in this section, if an appointment would result in a majority of the city council members being appointed, the city council may not fill the vacancy by appointment; rather: (a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b) where the vacancy is for a remaining term of more than one year but less than 25 months, the city council shall call a special election under subsection (C) to fill the vacancy.   Jan. 26, 2021 Item #5 Page 46 of 49 Exhibit 7 PORTIONS OF CHAPTER 2.06 MAYOR TO BE INCORPORATED INTO NEW CHAPTER 2.04 ELECTED OFFICIALS Current Code Section Proposed for Repeal Notes on Revisions / Relocation 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 Mayor 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 Eligibility for office. 2.06.010 Term of office. In accord with a vote of the citizens of the 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 or her election and until his or her successor is elected and qualified. Incorporated into Section 2.04.050 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. Eliminated in new Chapter 2.04 because these topics are covered in Chapter 1.20 2.06.030 Keeping order. The mayor shall preserve strict order and decorum at all meetings of the city council. Eliminated in new Chapter 2.04 because these topics are covered in Chapter 1.20 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 otherwise participate fully in the workings of the 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. Relocated to Section 2.04.030(A) Jan. 26, 2021 Item #5 Page 47 of 49 Exhibit 7 Current Code Section Proposed for Repeal Notes on Revisions / Relocation 2.06.050 Signing various documents. The mayor shall sign: A. All warrants drawn on the city treasury; B. All written contracts and conveyances made or entered into by the city as specified in Chapter 3.28; C. All instruments requiring the city seal. 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. Relocated to Section 2.04.030(B) 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. Relocated to Section 2.04.030(C) 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 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 10% 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 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 114 days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent. Revised into new Section 2.04.110 covering vacancies in office for all elected officials 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 of the 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 of the police department. Relocated to Sections 2.04.040(A) and 2.04.040(D) Jan. 26, 2021 Item #5 Page 48 of 49 Exhibit 8 PORTIONS OF CHAPTER 2.08 TO BE INCORPORATED INTO NEW CHAPTER 2.04 ELECTED OFFICIALS Current Code Section Proposed for Repeal Notes on Relocation 2.08.010 Mayor pro tempore. The city council shall meet on the first Tuesday after the general municipal election and choose one of its members as mayor pro tempore. If the mayor is absent or unable to act, the mayor pro tempore shall serve as mayor until the mayor returns or is able to act. While serving as mayor pursuant to this section, the mayor pro tempore shall have all of the powers and duties of the mayor. Relocated to Section 2.04.090 2.08.020 Compensation of city treasurer. A. Effective January 1, 2007, the compensation of the city treasurer is fixed at the sum of $1,070.00 per month payable biweekly. B. In addition, the city treasurer shall receive an automobile allowance as established by resolution of the city council. Relocated to Section 2.04.020 2.08.022 Qualifications of city treasurer. No person is eligible to become a candidate for the office of city treasurer unless, at the time of the final filing date for election, such person has a four-year college degree in finance or business-related field and four years of financial work experience. Relocated to Section 2.04.040(C) 2.08.030 Compensation of city clerk. A. Effective January 1, 2007, the compensation of the city clerk is fixed at the sum of $1,070.00 per month, payable bi-weekly. B. In addition, the city clerk shall receive an automobile allowance as established by resolution of the city council. Relocated to Section 2.04.020 2.08.032 Qualifications of city clerk. No person is eligible to become a candidate for the office of city clerk unless, at the time of the final filing date for election, he or she meets one of the following minimum criteria: A. Has obtained the designation of a certified municipal clerk from the International Institute of Municipal Clerks. B. Has two years of full-time, salaried work experience in either business administration or public administration and possesses a bachelor’s degree from an accredited college or university. Relocated to Section 2.04.040(B) Jan. 26, 2021 Item #5 Page 49 of 49