HomeMy WebLinkAbout2021-02-16; City Council; ; 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 Meeting Date: Feb. 16, 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.
Executive Summary/Discussion
At the Jan. 26, 2021 City Council meeting the council considered proposed revisions to the
Carlsbad Municipal Code combining Chapters 2.04, 2.06 and portions of Chapter 2.08 into a
new Chapter 2.04 - Elected Officials. The City Council made some changes to the proposed
ordinance and directed the Municipal Code and City Council Update Subcommittee to
reconsider its recommendations regarding vacancies. At its Feb. 3, 2021, meeting, the
subcommittee considered the item and is recommending changes to the vacancy portion of the
proposed ordinance.
Specifically, the subcommittee is recommending removing the proposed language in Section
2.04.110(A)(2)(c) regarding forfeiture of office for excessive absences. The subcommittee is also
recommending that a resigning City Council member should not be allowed to cast a vote on
the appointment of a successor.
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.
Next Steps
If the ordinance is introduced, 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
Feb. 16, 2021 Item #4 Page 1 of 18
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
2. Proposed revisions to ordinance incorporating changes from the Jan. 26, 2021, City Council
meeting and Feb. 3, 2021, Municipal Code Subcommittee meeting
3. Staff report from Jan. 26, 2021 City Council meeting
Feb. 16, 2021 Item #4 Page 2 of 18
ORDINANCE NO. CS-391
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:
Feb. 16, 2021 Item #4 Page 3 of 18
Chapter 2.04
ELECTED OFFICIALS
Sections:
2.04.010
2.04.020
2.04.030
2.04.040
2.04.050
2.04.060
2.04.070
2.04.080
2.04.090
2.04.100
2.04.110
Compensation — mayor and city council.
Compensation — city clerk and city treasurer.
Duties of mayor.
Eligibility for office.
At-large election of mayor, city clerk, and city treasurer.
By-district election of city council members.
Establishment of council districts.
Council district election schedule.
Selection and duties of mayor pro tempore.
Reorganization of the city council.
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.
Feb. 16, 2021 Item #4 Page 4 of 18
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 city volunteer subject to all applicable federal
and state laws, municipal ordinances and rules and regulations, including conflict of interest and ethics laws,
ordinances, rules and regulations.
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.
Feb. 16, 2021 Item #4 Page 5 of 18
•Encinitas• ._
.Union
Elernsntary,
' — School • '
District.. , Map layers
Pref. CFI with splits
Census Block
Water Area
Streets
Landmark Point
Landmark Area
Pipeline/Power Line
---- Railroad
ElemSchool National Demographics Corporsunn
Council's Preferred
Cohen-Flock 1 Map
with central beach
Census Blocks
adjustments
City of Carlsbad
2017 Districting
3
c..;
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
Feb. 16, 2021 Item #4 Page 6 of 18
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.
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; or
b.Accepts or retains any other elective public office.
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. A
person appointed to fill a vacant office must meet the eligibility requirements for the office.
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.
Feb. 16, 2021 Item #4 Page 7 of 18
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.
Feb. 16, 2021 Item #4 Page 8 of 18
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 16th
day of February, 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)
Feb. 16, 2021 Item #4 Page 9 of 18
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.
Feb. 16, 2021 Item #4 Page 10 of 18
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 city volunteer police officer
subject to all applicable federal and state laws, municipal ordinances and rules and regulations,
including conflict of interest and ethics laws, ordinances, 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.
Feb. 16, 2021 Item #4 Page 11 of 18
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
Feb. 16, 2021 Item #4 Page 12 of 18
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; or
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.
Feb. 16, 2021 Item #4 Page 13 of 18
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. A person appointed to fill a vacant office must meet the eligibility requirements for the
office.
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.
2.3. 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.
3.4. 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.
Feb. 16, 2021 Item #4 Page 14 of 18
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
Exhibit 3
Feb. 16, 2021 Item #4 Page 15 of 18
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.
Feb. 16, 2021 Item #4 Page 16 of 18
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.
Feb. 16, 2021 Item #4 Page 17 of 18
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
Feb. 16, 2021 Item #4 Page 18 of 18
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of Carlsbad City Council will hold a public meeting at 3:00 p.m. on
Tuesday, Feb. 16, 2021 to consider the adoption of one of the following ordinances:
1)An ordinance amending the Village and Barrio Master Plan to change the approval authority from the
Planning Commission to the City Council for site development plans, conditional use permits, coastal
development permits, and variances processed within the Barrio Districts; or,
2)An ordinance amending the Village and Barrio Master Plan to change the approval authority from the
City Council to the Planning Commission for site development plans, conditional use permits, coastal
development permits, and variances processed within the Village Districts, Hospitality, Freeway
Commercial and Pine-Tyler Mixed-Use Zones, with the City Council acting upon appeals from decisions
made by the Planning Commission.
The City Council will also consider the Apr. 15, 2020 Planning Commission recommendation (ordinance
option 2, above).
The proposed amendments to the Village and Barrio Master Plan are exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because the
amendments do not have the potential to cause a significant effect on the environment. The City Council's
staff report will be available on the City's agenda website at least 72 hours before the City Council hearing.
Per California Executive Order N-29-20, and in the interest of public health and safety, we are temporarily
taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City Council and
other public meetings online only. All public meetings will comply with public noticing requirements in
the Brown Act and will be made accessible electronically to all members of the public seeking to observe
and address the City Council. You may participate by phone or in writing. Participation by phone: sign up
at https://www.carlsbadca.govicityhall/clerk/meetings/default.asp by 2 p.m. the day of the meeting to
provide comments live by phone. You will receive a confirmation email with instructions about how to call
in. Participation in writing: email comments to clerk@carlsbadca.gov. Comments received by 2 p.m. the
day of the meeting will be shared with the City Council prior to the meeting. When e-mailing comments,
please identify in the subject line the agenda item to which your comments relate. All comments received
will be included as part of the official record. Written comments will not be read out loud.
Those persons wishing to speak on this proposal are cordially invited to attend the public meeting. If you
have any questions, please contact Jeff Murphy, Community Development Director at (760) 602-2783 or
jeff.murphy@carlsbadca.gov If you challenge this Village and Barrio Master Plan Amendment or the City
Council's actions in court, you may be limited to raising only those issues you or someone else raised at
the public meeting described in this notice or in written correspondence delivered to the City of Carlsbad,
Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public meeting.
PUBLISH: FEB. 5, 2021
CITY OF CARLSBAD
CITY COUNCIL
Etiquettes d'adresse Easy Peel® Allez a avery.ca/gabarits
- .
AVERY 5160 Easy Peel Address Labels
Bend along line to expose Pop-up Edge
Go to avery.com/templates
Use Avety Tempiate 5160 I
CA COASTAL COMMISSION
SUITE 103
7575 METROPOLITAN DRIVE
SAN DIEGO CA 92108
CHANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901 SPINNAKER DRIVE
VENTURA CA 93001
COUNTY OF SD SUPERVISOR
ROOM 335
1600 PACIFIC
SAN DIEGO CA 92101
DEPT OF HOUSING & URBAN DEV REGION IX
ENVIRONMENTAL OFFICER
300 North Los Angeles Street Suite 4054
LOS ANGELES CA 90012
FEDERAL ENERGY REGULATORY COMMISSION
SUITE 2300
100 1ST STREET
SAN FRANCISCO CA 94105-3084
EDWIN ROMERO, CHAIRPERSON
1095 BARONA ROAD
LAKESIDE CA 92040
SD COUNTY
PLANNING & LAND USE DEPT
SUITE 310
5510 OVERLAND AVENUE
SAN DIEGO CA 921231239
US ARMY CORPS OF ENGINEER
SUITE 1101
915 WILSHIRE BOULEVARD
LOS ANGELES CA 90017
U.S. BUREAU OF RECLAMATION
SOUTHERN CALIFORNIA AREA
OFFICE (SCAO)
SUITE A
27226 VIA INDUSTRIA,
TEMECULA CA 92590
Pat: avery.com/patents
CA DEPT OF FISH & WILDLIFE
ATTN CHRISTINE BECK
3883 RUFFIN ROAD
SAN DIEGO CA 92123
CITY OF ENCINITAS
505 S VULCAN AVENUE
ENCINITAS CA 92024
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURCES
ROOM 100
1220 N STREET
SACRAMENTO CA 95814
DEPT OF JUSTICE
DEPT OF ATTY GEN
SUITE 1800
600 WEST BROADWAY
SAN DIEGO CA 92101
MARINE RESOURCES REG DR
& G ENV SERVICES SPR
SUITE J
4665 LAM PSON AVENUE
LOS ALAMITOS CA 90720-5139
SAN FRANCISCO BAY CONSERV
& DEV COM
375 BEALE STREET SUITE 510
SAN FRANCISCO CA 94105-2177
SDGE
8315 CENTURY PARK COURT
SAN DIEGO CA 92123
US ARMY CORPS OF ENGINEERS
REGULATORY DIVISION
SUITE 100
5900 LA PLACE COURT
CARLSBAD CA 92008
US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
SUITE W-2605
SACRAMENTO CA 95825
CA DEPT OF TRANSPORTATION DISTRICT 11
DIVISION OF PLANNING/DEVELOPMENT
REVIEW
4050 TAYLOR STREET, MS-240
SAN DIEGO CA 92110
COASTAL CONSERVANCY
1515 CLAY STREET, 10TH FLOOR
OAKLAND, CA 94612
DEPT OF FORESTRY
ENV COORD
PO BOX 944246
SACRAMENTO CA 94244-2460
FAA WESTERN-PACIFIC REGION
777 S. AVIATION BLVD., SUITE 150
EL SUGUNDO, CA 90245
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV AFFAIRS
1400 10TH STREET
SACRAMENTO CA 95814-5502
SANDAG EXECUTIVE DIRECTOR
SUITE 800
1ST INTERNATIONAL PLAZA
401 B STREET
SAN DIEGO CA 92101
STATE LANDS COMMISSION
SUITE 1005
100 HOWE AVENUE
SACRAMENTO CA 95825-8202
US BUREAU OF LAND MGMT
SUITE ROOM W
2800 COTTAGE WAY
SACRAMENTO CA 95825
USDA RURAL DEVELOPMENT
DEPT 4169
430 G STREET
DAVIS CA 95606
AVERY 5960
WATER RESOURCES CONTROL BOARD
PO BOX 100
SACRAMENTO CA 95801
Easy Peel Address Labels
Bend along line to expose Pop-up Edge
AXELSON & CORN ATTORNEYS AT LAW
SUITE 201
160 CHESTERFIELD DRIVE
ENCINITAS CA 92007
Go to avery.com/templates
Use Avery Template 5160
BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825
BUSINESS, TRANS & HSG AGENCY
UNIT #350B
915 CAPITOL MALL
SACRAMENTO CA 95814-4801
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Pat: avery,com/patents Etiquettes d'adresse Easy Peel
Re . lie a la hachure afin de reveler le reborcl Po.-u
Allez a avery.ca/gabarits
Utilisez le Gabant Aver 5160
Elected Officials Ordinance
Cindie McMahon, Assistant City Attorney
Sheila Cobian, Assistant to the City Manager
Feb. 16, 2021
Recommendation
•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
2
Background
•Current Code Provisions for Elected Officials
–City Council –Ch. 2.04
–Mayor –Ch. 2.06
–Mayor Pro Tempore –Sec 2.08.010
–City Treasurer –Sec 2.08.020 & 2.08.022
–City Clerk –Sec 2.08.030 & 2.08.032
3
Background
•Subcommittee recommended combining Code sections related to elected officials into one chapter
–Simplifies Code
–Avoids redundancies
–Clarifies vacancy provisions apply to all
elected officials
4
City Council Revisions
•City Council considered the proposed ordinance at its Jan. 26, 2021 meeting
–Amended Section 2.04.040(D) to allow the mayor and city council members to serve as city volunteers
•Without compensation
•Subject to applicable laws, including conflict of interest and ethics laws
5
City Council Revisions
–Deleted a provision in Section 2.04.100 requiring
a four-fifths vote to reorganize the City Council at times other than
•After a new city council member is sworn in
•The first regular meeting of the calendar year
–Amended Section 2.04.110(B) to clarify that a person appointed to fill a vacant office must meet the eligibility requirements for the office
6
Referral to Subcommittee
•City Council referred back to the
Subcommittee for further consideration:
–Whether and under what circumstances
a resigning City Council member should
be able to vote on an appointed
replacement
7
Subcommittee’s Recommendation
•Subcommittee met Feb. 3, 2021 and recommends
–Deleting Section 2.04.110(A)(2)(c) re: forfeiture by absence
–Adding Section 2.04.110(B)(3) prohibiting a
resigning City Council member from voting
on an appointed replacement
8
Recommendation
•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.
9
Elected Officials Ordinance
Cindie McMahon, Assistant City Attorney
Sheila Cobian, Assistant to the City Manager
Feb. 16, 2021