HomeMy WebLinkAbout2023-12-12; City Council; ; Adoption of Ordinance No. CS-462 – Amending Carlsbad Municipal Code Chapter 2.04 – Elected Officials, Specifically Section 2.04.030 – Duties of Mayor and Section 2.04.040CA Review CKM
Meeting Date: Dec. 12, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Ana Marie Alarcon, Deputy City Clerk
Ana.alarcon@carlsbadca.gov, 442-339-2808
Subject: Adoption of Ordinance No. CS-462 – 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
District: All
Recommended Action
Adopt Ordinance No. CS-462 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
Ordinance No. CS-462 was introduced and first read at the City Council meeting held on Dec. 5,
2023. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, the City
Council voted 5-0 to introduce Ordinance No. CS-462. The second reading allows the City
Council to adopt the ordinance, which will become effective 30 days following adoption.
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.
Dec. 12, 2023 Item #8 Page 1 of 5
Next Steps
The City Clerk’s Office 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
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 No. CS-462
Dec. 12, 2023 Item #8 Page 2 of 5
Exhibit 1
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(B) 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: The above recitations are true and correct.
Section II: Carlsbad Municipal Code Section 2.04.030 is amended to read as follows:
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.
Dec. 12, 2023 Item #8 Page 3 of 5
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.
Section III: 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:
1. 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. 12, 2023 Item #8 Page 4 of 5
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 12th day of December, 2023, by the following vote, to wit:
AYES:
NAYS:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
ABSTAIN:None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
� /:. Mi llfvz-CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
�the� sHERRFREISINGER, City Clertft1(SEAL)
Dec. 12, 2023 Item #8 Page 5 of 5