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Home My WebLink About2021-02-23; City Council; 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...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California, ordains as follows: 1.The above recitations are true and correct. 2.Carlsbad Municipal Code Chapter 2.06 is repealed. 3.Carlsbad Municipal Code Sections 2.08.010, 2.08.020, 2.08.022, 2.08.030 and 2.08.032 are repealed. 4.Carlsbad Municipal Code Chapter 2.04 is renamed "Elected Officials" and is amended to read as follows: Feb. 23, 2021 Item #5 Page 2 of 7 Chapter 2.04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. 23, 2021 Item #5 Page 3 of 7 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. 23, 2021 Item #5 Page 4 of 7 Faraday e Council's Preferred cting Cohen-Flock 1 Map with central beach Census Blocks adjustments •% Encinitas , ,Union E'lOrnentary School District Map layers Pref CF1 with splits ! Census Block Water Area Streets Landmark Point 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. 23, 2021 Item #5 Page 5 of 7 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. 23, 2021 Item #5 Page 6 of 7 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 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 23rd day of February, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: - CELIA A. BREWER, City Attorney MATT HALL, Mayor ..‘?\A`Z-lin59A(1/14 BARBARA ENGLESON, City-Clerk (SEAL) Feb. 23, 2021 Item #5 Page 7 of 7