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Home My WebLink About2022-03-15; City Council; ; Adoption of Ordinance No. CS-417 — Position of the City ClerkCITY COUNCIL Staff Report CA Review CKM Meeting Date: March 15, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 442-339-5989 Subject: Adoption of Ordinance No. CS-417 — Position of the City Clerk Districts: All Recommended Action Adopt Ordinance No. CS-417 amending various sections of and adding a section to the Carlsbad Municipal Code regarding the position of City Clerk to take effect only if the voters in the municipal election on June 7, 2022, approve making the office of City Clerk appointive. Executive Summary/Discussion Ordinance No. CS-417 was introduced and first read at the City Council meeting held on March 8, 2022. On a motion by Mayor Pro Tern Blackburn, seconded by Council Member Bhat-Patel, the City Council voted 5-0 to introduce Ordinance No. CS-417. This second reading allows the City Council to adopt the ordinance, which will take effect immediately upon the effective date of the ballot measure only if the voters in the municipal election on June 7, 2022, approve making the office of City Clerk appointive. If the ballot measure is not approved by the voters, this ordinance shall be automatically repealed and of no further force and effect. Fiscal Analysis If a ballot measure is successful, the cost savings of the City Clerk position, including salary and benefits, is approximately $40,000 per year. Next Steps The City Clerk will have the ordinance, or a summary of the ordinance, published in a newspaper of general circulation within 15 days following adoption of the ordinance. Environmental Evaluation This action does not constitute a "project" within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 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. Public Notification 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-417 March 15, 2022 Item #7 Page 1 of 5 Exhibit 1 ORDINANCE NO. CS-417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF AND ADDING A SECTION TO THE CARLSBAD MUNICIPAL CODE REGARDING THE POSITION OF CITY CLERK TO TAKE EFFECT ONLY IF THE VOTERS AT THE MUNICIPAL ELECTION ON JUNE 7, 2022 APPROVE MAKING THE OFFICE OF CITY CLERK APPOINTIVE WHEREAS, the City Council has placed a measure on the June 7, 2022 municipal election ballot asking the voters to make the office of City Clerk appointive; and WHEREAS, if a majority of the voters approve making the office of City Clerk appointive, certain sections of the Carlsbad Municipal Code will no longer apply or will require amendment; and WHEREAS, as permitted by California Government Code Sections 34856 and 36510, the City Council wishes to vest the City Manager with the authority to appoint the City Clerk if the voters approve making the office of City Clerk appointive; and WHEREAS, the City Council wishes to have the necessary amendments to the code adopted and ready to become immediately effective should the voters approve making the office of City Clerk appointive so there is no delay in implementing the will of the voters. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows: Section I: The above recitations are true and correct. Section II: Carlsbad Municipal Code Section 1.15.040(B) is amended to delete references to an elected City Clerk and to read as follows: 1.15.040 Campaign contribution limits. B. A person shall not make to a candidate for mayor or city treasurer and a candidate for mayor or city treasurer shall not accept from a person, a contribution totaling more than $3,100.00 per election. Section III: Carlsbad Municipal Code Section 2.04.020 is amended to delete references to an elected City Clerk and to read as follows: 2.04.020 Compensation—City treasurer. A.The compensation of the city treasurer shall be set at $1,070.00 per month, payable biweekly. B.In addition to the compensation the city treasurer receives under subsection (A) of this section, the city treasurer shall receive an automobile allowance as established by resolution of the city council. Section IV: Carlsbad Municipal Code Section 2.04.040 is amended to delete the eligibility requirements for an elected City Clerk and to read as follows: 2.04.040 Eligibility for office. A.To be eligible to hold office as mayor, city council member 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 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. C.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. Section V: Carlsbad Municipal Code Section 2.04.050 is amended to delete references to an elected City Clerk and to read as follows: 2.04.050 At-large election of mayor and city treasurer. The mayor and city treasurer shall be elected by the voters of the city at large. The persons elected as mayor 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. Section VI: Carlsbad Municipal Code Section 2.04.110(F) relating to filling vacancies in the office of an elected City Clerk is deleted. Section VII: Carlsbad Municipal Code Chapter 2.08 is amended to add Section 2.08.020 to read as follows: 2.08.020 City clerk. A.In accordance with California Government Code Sections 34856 and 36510 and Section 2.12.035(C) of this code, authority is given to the city manager to appoint and supervise the city clerk. B.The city clerk shall have all of the responsibilities, duties and functions as specified by state law and this code, in addition to any other duties or functions as the city manager may, from time to time, prescribe. Section VIII: Carlsbad Municipal Code Section 2.12.035(C) is amended to delete the City Clerk exception to the City Manager's power of appointment and removal and to read as follows: 2.12.035 Powers and duties. C.Power of Appointment and Removal. It shall be the duty of the city manager to appoint, discipline, remove, promote and demote any and all officers and employees of the city, except the city treasurer and city attorney, and as provided in Section 2.44.050 of this title, subject to all applicable personnel ordinances, rules and regulations. Section IX: Carlsbad Municipal Code Section 2.12.115 is amended to delete the reference to an elected City Clerk and to read as follows: 2.12.115 Departmental cooperation. It shall be the duty of all subordinate officers and the city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. Section X: Carlsbad Municipal Code Section 2.14.070 is amended to delete the reference to an elected City Clerk and to read as follows: 2.14.070 Departmental cooperation. It shall be the duty of all subordinate officers and the city treasurer and city manager to assist the city attorney in carrying out the functions of his or her office. EFFECTIVE DATE: If the ballot measure to make the office of City Clerk appointive is approved by the voters in the municipal election on June 7, 2022, this ordinance shall become effective immediately upon the effective date of the ballot measure, as provided in California Elections Code Section 9217. If the ballot measure is not approved by the voters, this ordinance shall be automatically repealed and of no further force and effect. The City Clerk's Office 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 8th day of March, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of March, 2022, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby. NAYS: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Kristina Ray Tuesday, March 15, 2022 1:27 PM Sheryl Hess City Clerk Re: City Clerk Position Carlsbad, CA. All Receive - Agenda Item # For the Information of the: ,CITY COUNCIL Date--:n 07,AA CM ACM --DCM (3) ---- Thank you so much for sharing your thoughts on this. I have copied our City Clerk so your email can be included in the information provided to the City Council. I am always happy to forward emails to the right person, but in the future, if you want to comment on an item going to the City Council, you can also send directly to clerk@carlsbadca.g_ov. Have a great day. From: Sharyl Hess <sharylrae@icloud.com> Date: Tuesday, March 15, 2022 at 12:04 PM To: Kristina Ray <Kristina.Ray@carlsbadca.gov> Subject: City Clerk Position - Carlsbad, CA. Hello Kristina! I am writing to voice my concern about making the Carlsbad City Clerk position, an appointed position. I feel strongly that our City Clerk should be voted in to ensure the integrity of our elections. I do believe our electoral process everywhere is in jeopardy and the public accountability aspect, as well as providing the much needed checks and balances needed. Look what is going on in Mesa, Colorado right now with their City Clerk. If this was an appointed position, it would not be fair representation. Thank you so much and I hope I'm sending this to the correct person. Please advise. Sincerely, Sharyl Hess Carlsbad Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1