HomeMy WebLinkAbout2023-12-05; City Council; ; Revisions to Carlsbad Municipal Code Chapter 2.04 - Elected OfficialsCA Review CKM
Meeting Date: Dec. 5, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Sheila Cobian, Legislative & Constituent Services Director
sheila.cobian@carlsbadca.gov, 442-339-2917
Subject: Revisions to Carlsbad Municipal Code Chapter 2.04 - Elected Officials
Districts: All
Recommended Action
Introduce an ordinance titled, “An Ordinance of the City Council of the City of Carlsbad,
California, amending Carlsbad Municipal Code Chapter 2.04 – Elected Officials, specifically
Section 2.04.030 - Duties of Mayor and Section 2.04.040 - Eligibility for office.”
Executive Summary
As part of a continuing effort to review and update the Carlsbad Municipal Code, staff are
recommending amendments to two sections of Carlsbad Municipal Code Chapter 2.04 - Elected
Officials. These revisions will clarify that the City Council may delegate the authority to sign
written contracts and conveyances to the City Manager instead of to the Mayor. This
amendment will not affect which contracts must be approved by the City Council. Instead, it
will provide the City Council with a choice of signatories for City Council-approved contracts.
The proposed revisions to Section 2.04.040 will specify that people convicted of a felony or
other crimes specified by state law are ineligible to hold public office and provide clear and
verifiable eligibility criteria for the position of City Treasurer.
Explanation & Analysis
Duties of the Mayor
Section 2.04.030 of the Carlsbad Municipal Code outlines the duties of the Mayor. Subsection B
specifies that the Mayor signs all written contracts and conveyances made or entered into by
the city. In certain circumstances and in actual practice it is often more efficient for the City
Council to authorize the City Manager to sign these documents. The suggested revisions would
clarify that the City Manager or designee can sign written contracts and conveyances that
exceed the signing authority of the City Manager if the City Council delegates that authority to
the City Manager.
Qualifications to hold office
Section 2.04.040(A) specifies the qualifications necessary to hold elected office in the City of
Carlsbad. Under state law, conviction for felonies and other crimes such as bribery renders a
Dec. 5, 2023 Item #8 Page 1 of 7
person ineligible to hold public office. The suggested revision clarifies that anyone convicted of
such a crime is ineligible to hold public office in the City of Carlsbad.
Eligibility to serve as City Treasurer
Section 2.04.040(C) provides the eligibility criteria for the position of City Treasurer. The current
language regarding eligibility for the position is somewhat broad and not readily verifiable. The
position of City Treasurer is both an elected position and a position of significant public trust in
the city, so it is important that anyone elected or appointed to the position meet certain
minimum qualifications. The suggested revisions provide a clear and verifiable list of eligibility
criteria for the position of City Treasurer.
Fiscal Analysis
The existing fiscal year 2023-2024 budget for the City Clerk’s Office includes sufficient funding
for the cost of amending the referenced code sections.
Next Steps
The City Clerk will prepare the ordinance for adoption at the next regular City 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 its adoption.
Environmental Evaluation
In keeping with 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 and therefore does not require environmental review.
Exhibits
1.Ordinance amending Carlsbad Municipal Code Chapter 2.04 - Elected Officials
2.Proposed changes to Carlsbad Municipal Code Section 2.04.030
3.Proposed changes to Carlsbad Municipal Code Section 2.04.040
Dec. 5, 2023 Item #8 Page 2 of 7
ORDINANCE NO. CS-462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.04 -
ELECTED OFFICIALS, SPECIFICALLY SECTION 2.04.030 -DUTIES OF MAYOR
AND SECTION 2.04.040-ELIGIBILITY FOR OFFICE
WHEREAS, Carlsbad Municipal Code Section 2.04.030 identifies the duties of the Mayor; and
WHEREAS, Section 2.04.030(8) specifies that the Mayor signs all written contracts and
conveyances made or entered into by the city; and
WHEREAS, the City Council wishes to clarify that the City Council may delegate such authority
to the City Manager or designee; and
WHEREAS, Section 2.04.040 identifies the eligibility criteria for elected officials in the city; and
WHEREAS, Section 2.040.040(A) should be amended to reflect the provisions in state law that
prohibit people convicted of certain crimes, including felonies, from holding public office; and
WHEREAS, the position of City Treasurer is responsible for carrying out financial, accounting,
economic and banking responsibilities for the city; and
WHEREAS, it is in the best interest of the city that only candidates qualified to carry out the
duties and responsibilities of the position of City Treasurer be eligible to hold the office of City
Treasurer; and
WHEREAS, the City Council wishes to provide clear and verifiable eligibility criteria for the
position of City Treasurer.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
Section I:
Section II:
2.04.030
The above recitations are true and correct.
Carlsbad Municipal Code Section 2.04.030 is amended to read as follows:
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 for which the
City Council is the awarding authority as specified in Chapter 3.28.
3.All instruments requiring the city seal.
Exhibit 1
Dec. 5, 2023 Item #8 Page 3 of 7
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.
D.Notwithstanding Section 2.04.030(8)(2), the City Council may by ordinance or resolution
authorize the City Manager or designee to sign any written contract or conveyance on
behalf of the city.
Section Ill: Carlsbad Municipal Code Section 2.04.040 is amended to read as follows:
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 and must
not have been convicted of a felony or other crime rendering the person ineligible under
state law to hold public office.
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 meet
the following minimum criteria at the time nomination papers are issued:
l.The person must have a four-year college degree majoring in business administration,
public administration, accounting, finance or economics.
2.The person must have four years of financial work experience.
3.In lieu of the work experience required in the preceding subsection (2), the person
may have one of the following:
a.A valid certificate from the California State Board of Accountancy to practice as
a Certified Public Accountant;
b.A valid Chartered Financial Analyst credential or a Certificate in Investment
Performance Management from the CFA Institute;
c.A valid Certified Investment Management Analyst certification from the
Investments & Wealth Institute; or
d.A valid Certified California Municipal Treasurer designation from the California
Municipal Treasurers Association.
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
Dec. 5, 2023 Item #8 Page 4 of 7
ordinances and rules and regulations, including conflict of interest and ethics laws,
ordinances, rules and regulations.
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 5th day
of December, 2023, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Dec. 5, 2023 Item #8 Page 5 of 7
Exhibit 2
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 for which the
City Council is the awarding authority 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.
D.Notwithstanding Section 2.04.030(B)(2), the City Council may by ordinance or resolution
authorize the City Manager or designee to sign any written contract or conveyance on
behalf of the city.
Dec. 5, 2023 Item #8 Page 6 of 7
Exhibit 3
2.04.040 Eligibility for Office.
A.To be eligible to hold office as mayorMayor, city City council Council memberMember, city
City clerk Clerk or city City treasurerTreasurer, a person must be an elector of the city at the
�me nomina�on papers are issued and must not have been convicted of a felony or other
crime rendering the person ineligible under state law to hold public office.
B.To be eligible to become a candidate for the office of city City clerkClerk, a person must meet
one of the following minimum criteria at the �me nomina�on papers are issued:
1.The person must have obtained the designation of certified Certified municipal
Municipal clerk 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 City treasurerTreasurer, a person
must have a four-year college degree in finance or business-related field and four years of
financial work experiencemeet the following criteria at the �me nomina�on papers are
issued.:
1.The person must have a four-year college degree majoring in business administra�on,
public administra�on, accoun�ng, finance or economics.
2.The person must have four years of financial work experience.
3.In lieu of the work experience required in the preceding subsec�on (2), the person may
have one of the following:
a. A valid cer�ficate from the California State Board of Accountancy to prac�ce as a
Cer�fied Public Accountant;
b.A valid Chartered Financial Analyst creden�al or a Cer�ficate in Investment
Performance Management from the CFA Ins�tute;
c.A valid Cer�fied Investment Management Analyst cer�fica�on from the
Investments & Wealth Ins�tute; or
a.d. A valid Cer�fied California Municipal Treasurer designa�on from the
California Municipal Treasurers Associa�on.
D.Notwithstanding California Government Code Sec�on 53227 or any successor statute
regula�ng the eligibility of a local agency employee to serve on the local agency’s legisla�ve
body, the mayor Mayor or a city City council Council member Member may simultaneously
serve, without compensa�on, as a city volunteer subject to all applicable federal and state
laws, municipal ordinances and rules and regula�ons, including conflict of interest and ethics
laws, ordinances, rules and regula�ons.
Dec. 5, 2023 Item #8 Page 7 of 7
Sheila Cobian, Legislative & Constituent Services Director
Dec. 5, 2023
Carlsbad Municipal Code Chapter 2.04
Elected Officials
1
PROPOSED ACTION
Introduce an Ordinance amending Carlsbad
Municipal Code Chapter 2.04 – Elected Officials,
specifically 2.04.030 – Duties of Mayor and
Section 2.04.040 – Eligibility for Office
ITEM 8: REVISIONS TO CMC CHAPTER 2.04 –
ELECTED OFFICIALS
2
SECTION 2.04.030 – DUTIES OF MAYOR
Revision to allow City Council to delegate the authority to
sign written contracts and conveyances to the City
Manager
3
ITEM 8: REVISIONS TO CMC CHAPTER 2.04 –
ELECTED OFFICIALS
SECTION 2.04.040 (A) –
QUALIFICATIONS TO HOLD OFFICE
Revision to specify that people convicted of a felony or
other crimes specified by state law are ineligible to hold
public office in the City of Carlsbad
4
ITEM 8: REVISIONS TO CMC CHAPTER 2.04 –
ELECTED OFFICIALS
SECTION 2.04.040 (C) – ELIGIBILITY TO
SERVE AS CITY TREASURER
Revision to provide clear and verifiable criteria for the
position of City Treasurer
•Must have four-year college degree in business
administration, public administration, accounting,
finance or economics
•Must have four years of financial work experience
5
ITEM 8: REVISIONS TO CMC CHAPTER 2.04 –
ELECTED OFFICIALS
SECTION 2.04.040 (C) – ELIGIBILITY TO
SERVE AS CITY TREASURER
In lieu of the specified work experience, a candidate for City
Treasurer may have one of the following:
•Certificate from California Board of Accountancy to
practice as a Certified Public Accountant
•Chartered Financial Analyst Credential or Certificate in
Investment Performance Management
•Certified Investment Management Analyst Certification
•Certified California Municipal Treasurer Designation
6
ITEM 8: REVISIONS TO CMC CHAPTER 2.04 –
ELECTED OFFICIALS
RECOMMENDED ACTION
Introduce the Ordinance amending Carlsbad
Municipal Code Chapter 2.04 – Elected
Officials, specifically 2.04.030 – Duties of
Mayor and Section 2.04.040 – Eligibility for
Office
7
ITEM 8: REVISIONS TO CMC CHAPTER 2.04 –
ELECTED OFFICIALS
QUESTIONS?
8
ITEM 8: REVISIONS TO CMC CHAPTER 2.04 –
ELECTED OFFICIALS