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Home My WebLink About2021-09-14; City Council; ; Adoption of Ordinance No. CS-400 – Vacancies in office Meeting Date: Sept. 14, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager Faviola.medina@carlsbadca.gov, 760-434-5989 Subject: Adoption of Ordinance No. CS-400 – Vacancies in office Districts: All Recommended Action Adopt Ordinance No. CS-400 amending Carlsbad Municipal Code Section 2.04.110 – Vacancies in office. Executive Summary/Discussion Ordinance No. CS-400 was introduced and first read at the City Council meeting held Aug. 31, 2021. On a motion by Council Member Bhat-Patel, seconded by Council Member Acosta, the City Council voted 5-0 to introduce Ordinance No. CS-400. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after the adoption. Fiscal Analysis This action has no fiscal impact. Next Steps The City Clerk will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within fifteen days following adoption of the ordinance. Environmental Evaluation In keeping with California Public Resources Code Section 21065, this action does not constitute a “project” within the meaning of the California Environmental Quality Act in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, it does not require environmental review. Public Notification and Outreach This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. Ordinance No. CS-400 Sept. 14, 2021 Item #8 Page 1 of 4 ORDINANCE NO. CS-400 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTION 2.04.110- VACANCIES IN OFFICE WHEREAS, on July 29, 2021, the City Clerk's Office received written notification from City Clerk Barbara Engleson of her decision to resign from her seat, effective Aug. 19, 2021; and WHEREAS, the City Clerk Services department runs the day-to-day operations of the City Clerk and Records Management divisions of the city; and WHEREAS, City Clerk Services department staff currently serve as the City Clerk in the City Clerk's absence and have the authority to perform all duties of the City Clerk; and WHEREAS, by allowing the City Clerk seat to remain vacant, the general fund will realize a salary and benefits savings of approxim_ately $40,000 for the vacancy period through Dec. 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. Carlsbad Municipal Code Section 2.04.110 -Vacancies in office is amended to read as follows: 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 Sept. 14, 2021 Item #8 Page 2 of 4 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 t~e 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. F. Notwithstanding any other provision in this section, if the vacancy is in the office of city clerk and there is less than 16 months remaining in the term from the date of the declaration of vacancy, the city council may choose not to fill the vacancy by either appointment or by calling a special election and the office shall remain vacant for the remainder of the term. 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. II II II II Sept. 14, 2021 Item #8 Page 3 of 4 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 31st day of August, 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 14th day of September, 2021, by the following vote, to wit: AYES: NAYS: Hall, Blackburn, Bhat-Patel, Acosta, Norby. None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: ~~~e__,,,,_______, CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: ~v~ fpr- FAv1OLA MEDINA, City Clerk Services Manager (SEAL) Sept. 14, 2021 Item #8 Page 4 of 4