HomeMy WebLinkAbout2022-03-08; City Council; ; Possible Transition of City Clerk Position from Elected to AppointedCITY COUNCIL
Staff Report
CA Review CKM
Meeting Date: March 8, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-2959
Sheila Cobian, Legislative & Constituent Services Director
sheila.cobian@carlsbadca.gov, 442-339-2917
Subject: Possible Transition of City Clerk Position from Elected to Appointed
Recommended Action
Receive a report regarding the possible transition of the City Clerk from an elected to a City
Manager-appointed position.
Should the City Council wish to place the matter on the ballot to be decided by the voters at the
statewide primary election on June 7, 2022, take the following actions:
1.Adopt a resolution providing notice of and calling a municipal election to submit to the
voters a ballot measure to make the office of the City Clerk appointive, requesting the
San Diego County Board of Supervisors to consolidate the municipal election with the
statewide primary election on June 7, 2022, directing the preparation of an impartial
analysis, and establishing procedures for ballot arguments.
2.Introduce an ordinance 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.
Executive Summary/Discussion
Background
On Aug. 31, 2021, the City Council directed staff to return with additional information relating
to the City Clerk position becoming an appointed employee rather than elected official.
State law requires all cities to have a City Clerk. The position can be either elected by a majority
vote of the people or appointed by the City Council or the City Manager. In the City of Carlsbad,
the City Clerk is elected by the voters to a four-year term.
Under state law, there are three qualifications for the position of an elected City Clerk:
•A resident of the city
•Registered to vote in the city
•At least 18 years old
March 8, 2022 Item #8 Page 1 of 32
Carlsbad Municipal Code Section 2.04.040 requires additional qualifications for the position of
an elected City Clerk. To be an eligible candidate for the office of City Clerk, a person must meet
one of the following minimum criteria at the time nomination papers are issued:
•Have obtained the designation of certified municipal clerk from the International
Institute of Municipal Clerks, or
•Have two years of full-time, salaried work experience in either business administration
or public administration and possess a bachelor's degree from an accredited college or
university
The City Clerk position in the City of Carlsbad has been elected since the city's incorporation in
1952. Since that time, the duties, responsibilities, and requirements of a City Clerk have
changed significantly. For instance, when the city incorporated, the Ralph M. Brown Act had not
yet been adopted. Prior to 2012, the elected City Clerk was responsible for both the City Clerk
role and the Records Manager role. Since then, the City Clerk role has been ceremonial in
nature, because staff run the daily operations of the City Clerk's Office.
Converting the role to an appointed position
Government Code Section 36508 provides that a City Council may place the question of
whether the City Clerk should be an appointed position on the ballot.
The current term of the City Clerk position ends in November 2022. Because the position is
vacant, if the City Council chooses to place this measure on the ballot for the 2022 June
statewide primary election and the measure passes, an immediate appointment could be
made. The appointing authority would be the City Council unless the City Council vests the City
Manager with this authority.
Since the City Clerk's Office is operational like the rest of the organization and the City Manager
hires for all operational needs, staff recommend that, if the City Council directs staff to pursue a
ballot measure and the voters approve it, the city vest the City Manager with the appointment
authority for the position. Out of the 18 San Diego County cities, 15 have appointed City Clerks,
out of those 15, only three City Clerks are appointed by the City Council.
An ordinance vesting the City Manager with the appointing authority and making related
amendments to the Carlsbad Municipal Code is included as Exhibit 2 for the City Council's
consideration. If the City Council were to introduce and adopt this ordinance, it would become
effective only if the voters approve the ballot measure making the City Clerk's position an
appointed position. If the voters did not approve the ballot measure, the ordinance would be
immediately and automatically repealed.
Proponents of converting the City Clerk to an appointed position argue that public
accountability should occur daily and not every four years at election time. Hiring competent
and qualified professionals who have adequate experience and knowledge of applicable laws to
manage the city's legislative and public documents and meetings is critical. Further, if the
appointed City Clerk does not perform to expectation, their performance can be addressed
immediately rather than waiting for the next election cycle.
Factors in favor of the appointive process include:
March 8, 2022 Item #8 Page 2 of 32
•The City Clerk's role has become increasingly technical, demanding certain skills,
experience and reliability. These responsibilities are unlike those of other elected
positions, whose primary responsibility is policy making.
•Cities can set qualification criteria for appointed positions, requiring applicants to
demonstrate the requisite skills.
•City councils and city managers are readily able and accustomed to selecting and
holding staff in appointed city positions accountable.
•Experience statewide has shown that unqualified and/or unreliable city clerks can be
disruptive and damaging to local government operations.
•There is no appearance of impropriety in elections because someone in an appointed
position is to remain neutral throughout the election process.
Opponents of converting the City Clerk to an appointed position argue that the electoral
process provides more checks and balances and establishes a higher level of public
accountability than an appointed position.
City Clerk duties and responsibilities
The basic, historic duties of the City Clerk are set forth in California Government Code 40801
through 40814. These duties include:
•Keeping an accurate record of the proceeding of the legislative body
•Recording, publishing and certifying city ordinances
•Keeping custody of the city seal
•Administering oaths or affirmations and taking and certifying affidavits and depositions
relating to city affairs and business for use in court or administrative proceedings
In addition to these basic, historic duties, the Legislature has assigned even greater and more
complex responsibilities to the City Clerk over the years:
•The City Clerk is the elections official for the city and interacts with the Registrar of
Voters office during all local elections to assure compliance with all election laws and
regulations
•The City Clerk is responsible for ensuring compliance with the Ralph M. Brown Act, the
state's open meeting law, regarding the conduct of city business and responses to public
inquiries
•The City Clerk is the official responsible under the Political Reform Act for coordinating,
recording and retaining the statements of economic interests of all elected and
appointed officials and staff, and for collecting and maintaining all candidate campaign
finance forms
To assure competency in performing these tasks, those cities that have appointed city clerks
have found it desirable for the incumbent to possess or be working toward a certified municipal
clerk designation, which is earned after attaining about 300 hours of institute training. This
certification is granted by the International Institute of Municipal Clerks, which promotes
professional skill development and maintains a professional standard code of ethics.
Although these duties are assigned to the City Clerk by state law, in the City of Carlsbad, the
City Clerk position is ceremonial in nature and the majority of these duties have been delegated
March 8, 2022 Item #8 Page 3 of 32
to the City Clerk Services Manager staff position and other staff members in the City Clerk
Services Department.
City Clerk compensation
The City Clerk's salary is set by Carlsbad Municipal Code Section 2.04.020 at $1,070 per month,
or $12,840 per year, with the following benefits:
•Health insurance (this can vary based on coverage selected for employee only or family)
— $8,350-$22,000 per year
•Car allowance — $2,600 per year
•State pension — $1,600 per year
•Other payroll taxes — $500 per year
California cities survey
As the legal responsibilities and professional expertise required to fulfill the duties of the
position have continued to increase, elected City Clerks are being replaced by appointed
professional staff with appropriate training and experience who typically perform both City
Clerk and other city staff duties. In San Diego County, only the city clerks of the cities of
Carlsbad, Oceanside and National City remain elected officials.
Based on a survey conducted by staff, of the 482 California cities, 383, or 79.5%, now have an
appointed City Clerk and only 99, or 20.5%, have an elected City Clerk. The percentage of
elected city clerks in California has continued to decline as the trend has been to move to an
appointed position.
Additionally, the San Diego County Clerk of the Board of Supervisors and the San Diego County
Registrar of Voters are also appointed officials that serve in the same capacity as that of a City
Clerk.
Ballot measure
If the City Council chooses to direct staff to pursue a ballot measure to make the City Clerk an
appointed position, the ballot question and the full text of the proposed ballot measure are
included in Attachment A to Exhibit 1.
Calling the election and other procedural matters
In order for the ballot measure to be placed on the ballot, the City Council must call a municipal
election, request consolidation of the municipal election with the statewide primary election on
June 7, 2022, obtain an impartial analysis of the ballot measure from the City Attorney, and
address procedural matters relating to ballot arguments, including whether to authorize the
Mayor or a designee to prepare an argument in favor of the ballot measure that the City
Council members could then sign. The proposed resolution in Exhibit 1 addresses each of these
matters.
March 8, 2022 Item #8 Page 4 of 32
Ballot measure timeline
Because the city will be requesting to consolidate the election with the statewide primary
election, the deadlines for the submittal of arguments and rebuttals will be the same deadlines
as set by the Registrar of Voters and California Elections Code:
March 11
March 17
March 18-28
March 18
March 19-28
March 22
March 23 —
April 1
Ballot text and consolidation resolution due to the Registrar of
Voters
Arguments in favor of or against the ballot measure are due at
the City Clerk's Office by noon
Public examination period for arguments
City Attorney's impartial analysis is due at the City Clerk's Office
by noon
Public examination period for impartial analysis
Rebuttal arguments are due at the City Clerk's Office by noon
Public examination period for rebuttal arguments
Staff recommend that, if the City Council directs staff to pursue a ballot measure and the voters
approve it, the city vest the City Manager with the appointment authority for the position. To
accomplish this, the City Council would need to introduce and subsequently adopt the
ordinance proposed in Exhibit 2. Although the ordinance would not go into effect unless the
voters approved the ballot measure, having the ordinance in place beforehand will streamline
the appointment process if the ballot measure is approved.
Fiscal Analysis
There is no immediate nor direct fiscal impact from receiving a staff report on this subject.
The Registrar of Voters has provided a cost estimate of $85,000-$115,000 to place the measure
on the ballot for the statewide primary election on June 7, 2022. This ballot measure was not a
planned expenditure in the fiscal year 2021-22 budget. If a ballot measure is pursued, staff
recommend the City Council approve a transfer of up to $115,000 from the City Council's
contingency balance to the City Clerk's Office operating budget. The City Council's contingency
balance, the amount available for the remainder of the current fiscal year, is $452,000.
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
Staff will take the necessary steps to implement the City Council's direction on this subject.
If the City Council directs staff to pursue a ballot measure, staff will file the resolution of
consolidation with the San Diego County Board of Supervisors and Registrar of Voters and
request that the measure be added to the June 7, 2022, statewide primary election ballot. In
addition, staff will publish notice of the measure on the city's website and in the following local
newspapers of general circulation authorized to publish legal notices:
•The Coast News
•The San Diego Union-Tribune
•El Latino
March 8, 2022 Item #8 Page 5 of 32
•Tieng Viet San Diego News
•The Filipino Press
•The Epoch Times
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.City Council resolution regarding ballot measure to make the City Clerk's position appointive
2.City Council ordinance amending and adding sections to the Carlsbad Municipal Code
relating to the City Clerk position, if it becomes appointive
3.Highlights of proposed Carlsbad Municipal Code amendments and additions
4.City Clerk survey results
5.Registrar of Voters cost estimate
March 8, 2022 Item #8 Page 6 of 32
EXHIBIT 1
RESOLUTION NO. 2022-057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, PROVIDING NOTICE OF AND CALLING A MUNICIPAL ELECTION
TO SUBMIT TO THE VOTERS A BALLOT MEASURE TO MAKE THE OFFICE OF
THE CITY CLERK APPOINTIVE, REQUESTING THE SAN DIEGO COUNTY BOARD
OF SUPERVISORS TO CONSOLIDATE THE MUNICIPAL ELECTION WITH THE
STATEWIDE PRIMARY ELECTION ON JUNE 7, 2022, DIRECTING THE
PREPARATION OF AN IMPARTIAL ANALYSIS, AND ESTABLISHING
PROCEDURES FOR BALLOT ARGUMENTS
WHEREAS, as authorized by California Elections Code Section 9222 and California Government
Code Section 36508, the City Council wishes to hold an election for the purpose of submitting to the
voters a ballot measure making the office of the City Clerk appointive; and
WHEREAS, California Elections Code Sections 1405 and 9222 require the election to be held at
the next regular election occurring not less than 88 days after the date of the order of election; and
WHEREAS, the next regular election meeting this criterion is the statewide primary election to
be held on June 7, 2022; and
WHEREAS, it is desirable for the municipal election to be consolidated with the statewide
primary election; and
WHEREAS, it is desirable to obtain an impartial analysis of the ballot measure; and
WHEREAS, it is desirable to establish the procedures for ballot arguments and to authorize the
Mayor or a designee to prepare and the City Council to sign a ballot argument in favor of the measure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.The above recitations are true and correct.
2.Call for Municipal Election.
a.As authorized by California Elections Code Sections 9222 and 10201, a municipal
election in the City of Carlsbad is called for June 7, 2022 to submit to the voters a
ballot measure making the office of City Clerk appointive.
b.In accord with California Elections Code Section 10418, the hours for the opening
and closing of the polls for the municipal election shall be the same as provided for
the statewide primary election on June 7, 2022.
c. The City Clerk's Office shall give further notice of the municipal election as required
by law.
3. Consolidation with Statewide Primary Election.
a.In accord with California Elections Code Section 10403, the City Council requests the
County of San Diego Board of Supervisors to consolidate the municipal election with
the statewide primary election on Tuesday, June 7, 2022 and to issue instructions to
the Registrar of Voters to take the necessary steps for holding the consolidated
election.
b.The ballot question and the full text of the ballot measure to be presented to the
voters are set forth in Attachment A. A majority vote of the voters (50% +1) is
required to approve the ballot measure.
c.The City Council acknowledges the consolidated election will be held and conducted
in the manner prescribed by California Elections Code Section 10418.
4. Reimbursement of Election Costs.
a.The city will reimburse the county for the costs incurred for the consolidation upon
the county's presentation of a properly submitted bill.
b.The City Council authorizes the Deputy City Manager, Administrative Services, to
transfer the necessary funds from the City Council Contingency budget to the City
Clerk's Office operating budget reimburse the county's costs.
5. Submission of Resolution to County Officials. The City Clerk's Office is directed to file a
certified copy of this resolution and its attachment with the Board of Supervisors and
the Registrar of Voters in the time and manner required by law.
6. Impartial Analysis. The City Clerk's Office is directed to transmit a copy of the measure
to the City Attorney. The City Attorney shall prepare an impartial analysis of the
measure in accord with California Elections Code Section 9280.
7. Ballot Arguments.
a. The Mayor or a designee is authorized to prepare a written argument in favor of the
measure. If a qualified argument against the measure is submitted, the Mayor or a
designee may prepare a rebuttal argument. The argument in favor and the rebuttal
argument, if any, may also be signed by the other members of the City Council.
b.Arguments and rebuttals shall comply with the applicable provisions of the California
Elections Code, including Sections 9282 through 9285 and Section 9600.
c.The arguments may be changed or withdrawn until and including the date fixed by
the City Clerk Services Manager, after which no arguments for or against the
measure may be submitted.
d.If the City Clerk's Office receives multiple arguments in favor of or against the
measure, the City Clerk Services Manager shall select one argument in favor of and
one argument against the measure, giving preference and priority in the order
specified in California Elections Code Section 9287.
e.These provisions for ballot arguments shall apply only to the municipal election to
be held on June 7, 2022.
8. Public Examination and Publication of Measure, Impartial Analysis and Ballot
Arguments. The City Clerk's Office shall make a copy of the ballot measure, the City
Attorney's impartial analysis and any ballot arguments available for public examination
in accord with California Elections Code 9223 and 9295. The City Clerk's Office is further
directed to publish a synopsis of the ballot measure in the manner required by California
Elections Code Section 12111 at least one week before the election.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of March, 2022, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby
NAYS: None
ABSENT: None
oottiiiimu1/4/1/4
CAat?4 ,,
41m( FAVIOLA MEDINA, City Clerk Services Manager
0 ."'•.... .
(SEAL)
Attachment A
Ballot Question
APPOINTIVE CITY CLERK
Shall the office of the City Clerk be appointive? Yes
No
Full Text of Ballot Measure
Ordinance No.
AN INITIATIVE ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA,
MAKING THE OFFICE OF CITY CLERK APPOINTIVE
The people of the City of Carlsbad, California, do ordain as follows:
SECTION 1. The office of the City Clerk shall be appointive as authorized by California Government
Code Section 36508.
SECTION 2. This ordinance shall take effect as provided in California Elections Code Section 9217.
SECTION 3. The City Clerk's Office shall publish this ordinance according to law.
March 8, 2022 Item #8 Page 10 of 32
EXHIBIT 2
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 8 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 day of , 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
EXHIBIT 3
HIGHLIGHTED VERSION OF PROPOSED REVISIONS TO THE CARLSBAD MUNICIPAL CODE
SHOULD THE VOTERS APPROVE THE MEASURE CHANGING THE OFFICE OF CITY CLERK
FROM ELECTIVE TO APPOINTIVE
1.15.040 Campaign contribution limits.
A.A person shall not make to a candidate for city council, and a candidate for city council shall not accept
from a person, a contribution totaling more than $900.00 per election.
B.A person shall not make to a candidate for mayor; or city treasurer or city clerk and a candidate for
mayor; or city treasurer or city clerk shall not accept from a person, a contribution totaling more than
$3,100.00 per election. •
C.The city clerk shall adjust the contribution limitations provisions in subsections A and B in January of
every odd-numbered year to reflect any increase or decrease in the California Consumer Price Index
for All Urban Consumers (CPI-U) for the San Diego region. Those adjustments shall be calculated
based on the total change in the CPI-U, San Diego region, since the last adjustment was made and
shall be rounded to the nearest $100.00. The city clerk shall post the adjusted contribution limit to the
city's website.
2.04.020 Compensation—City clerk-and-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 receives 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.
2.04.040 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.
minimum-Grite.Fia-at-the-time-neminatien-paper-s-are-issued;
1. The person must have obtained the designation of certified municipal clerk from the International
tnstitute-Of-MtiniGipal-G-lerks,
administration or public administration and possesses a bachelor's degree from an accredited
college or university.
CB. 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.
DC. 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,Gity-sle-r-k 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.
March 8, 2022 Item #8 Page 15 of 32
EXHIBIT 3
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 subsections (3)(a) and (3)(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.
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.
March 8, 2022 Item #8 Page 16 of 32
EXHIBIT 3
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:
(1)where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and
(2)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—N-etwith-standing-any-eth-e-r--p-revis-ion-in--t4i-i-s-5e-c-t-i a-eaney-i-s-in-the office of city clerk and
there is less tnan--1-6.-iqq-onths remaining in the term from the date of the declaratior, of-vacancy, the
city counei-l-m-ay-c4ae.s-e-Ret--te-fi-144-h-e-t-e-F by ea-Iling a special election
an-d-th-e-effiee--614a41-r-ern-a-i f-e-r--th-c remainder of the term.
2.08.020 City clerk.
A.In accordance with California Government Code Section 34856 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.
2.12.035 Powers and duties.
The city manager shall be the administrative head of the government of the city under the direction and
control of the city council except as otherwise provided in this chapter. The city manager shall be
responsible for the efficient administration of all the affairs of the city which are under his or her control. In
addition to the city manager's general powers as administrative head, and not as a limitation thereon, it
shall be the city manager's duty, and he or she shall have the powers set forth in the following subsections.
A.Law Enforcement. It shall be the duty of the city manager to enforce all laws and ordinances of the
city and to see that all franchises, contracts, permits and privileges granted by the city council are
faithfully observed.
B.Authority Over Employees. It shall be the duty of the city manager, and he or she shall have the
authority to control, order, and give directions to all heads of departments and to subordinate officers
and employees of the city under his or her jurisdiction through their department heads.
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 G:ay clerk, 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.
D.Administrative Reorganization of Offices. It shall be the duty and responsibility of the city manager to
conduct studies and effect such administrative reorganization of offices, positions or units under his
or her direction as may be indicated in the interest of efficient, effective and economical conduct of
the city's business.
E.Ordinances. It shall be the duty of the city manager and he or she shall recommend to the city council
for adoption such policies, measures and ordinances as the city manager deems necessary or
expedient for the health, safety or welfare of the community.
F.Attendance at Council Meetings. It shall be the duty of the city manager to attend all meetings of the
city council unless at the city manager's request he or she is excused therefrom by the mayor
individually or the city council, except when his or her removal is under consideration. The city
manager may take part in all matters coming before the council.
G.Financial Reports. It shall be the duty of the city manager to keep the city council at all times fully
advised as to the financial conditions and needs of the city and make such recommendations as the
city manager may deem desirable.
March 8, 2022 Item #8 Page 17 of 32
EXHIBIT 3
H.Budget and Salary Plan. It shall be the duty of the city manager to prepare and submit the proposed
annual budget and the proposed annual salary plan to the city council, with a message describing
important features thereof, and be responsible for its administration after adoption.
I.Expenditure Control and Purchasing. It shall be the duty of the city manager to see that no
expenditures shall be submitted or recommended to the city council except on approval of the city
manager or authorized representative. The city manager, or authorized representative, shall be
responsible for the purchase of all supplies, materials and equipment for all the departments or
divisions of the city for which funds are provided in the annual budget, and prepare and submit to the
council as of the end of the fiscal year a complete report on the finances and administrative activities
of the city for the preceding year.
J.Investigations and Complaints. It shall be the duty of the city manager to make investigations into the
affairs of the city and any department or division thereof, and any contract or the proper performance
of any obligations of the city; further, it shall be the duty of the city manager to investigate all complaints
in relation to matters concerning the administration of the city government and in regard to the service
maintained by public utilities in the city.
K.Public Buildings and City Property. It shall be the duty of the city manager, and he or she shall exercise
general supervision over all public buildings, public parks and all other public property, equipment and
supplies, which are under the control and jurisdiction of the city council.
L.Additional Duties. It shall be the duty of the city manager to perform such other duties and exercise
such other powers as may be delegated to him or her from time to time by ordinance or resolution or
other official action of the city council.
The city manager shall also act as the executive manager for the municipal water district. The executive
manager shall be the administrative head for the water district and report directly to the board of directors.
2.12.115 Departmental cooperation.
It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist
the city manager in administering the affairs of the city efficiently, economically and harmoniously.
2.14.070 Departmental cooperation.
It shall be the duty of all subordinate officers and the Gity-Glerk,city treasurer and city manager to assist
the city attorney in carrying out the functions of his or her office.
March 8, 2022 Item #8 Page 18 of 32
EXHIBIT 4
# City Appointed Elected
1 Adelanto X
2 Agoura Hills X
3 Alameda X
4 Albany X
5 Alhambra X
6 Aliso Viejo X
7 Alturas
X
8 Amador City
X
9 American Canyon X
10 Anaheim X
11 Anderson X
12 Angels Camp X
13 Antioch
X
14 Apple Valley X
15 Arcadia
X
16 Arcata X
17 Arroyo Grande X
18 Artesia X
19 Arvin X
20 Atascadero
X
21 Atherton X
22 Atwater
X
23 Auburn X
24 Avalon X
25 Avenal X
26 Azusa
X
27 Bakersfield X
28 Baldwin Park
X
29 Banning
X
30 Barstow
X
31 Beaumont
X
32 Bell X
33 Bell Gardens X
34 Bellflower X
35 Belmont X
36 Belvedere X
37 Ben icia
X
38 Berkeley X
39 Beverly Hills X
40 Big Bear Lake X
41 Biggs X
42 Bishop X
43 Blue Lake X
44 Blythe
X
45 Bradbury X
March 8, 2022 Item #8 Page 19 of 32
EXHIBIT 4
46 Brawley
X
47 Brea X
48 Brentwood X
49 Brisbane X
50 Buellton X
51 Buena Park X
52 Burbank
X
53 Burlingame X
54 Calabasas X
55 Calexico X
56 California City X
57 Calimesa X
58 Ca lipatria X
59 Ca listoga X
60 Camarillo X
61 Campbell X
62 Canyon Lake X
63 Capitola X
64 Carlsbad
X
65 Carmel-by-the-sea X
66 Carpinteria X
67 Carson
X
68 Cathedral City X
69 Ceres X
70 Cerrito X
71 Chico X
72 Chino X
73 Chino Hills X
74 Chowchilla X
75 Chula Vista X
76 Citrus Heights X
77 Claremont X
78 Clayton X
79 Clearlake X
80 Cloverdale X
81 Clovis X
82 Coachella
X
83 Coalinga X
84 Colfax X
85 Colma X
86 Colton
X
87 Colusa
X
88 Commerce X
89 Compton
X
90 Concord X
91 Corcoran X
March 8, 2022 Item #8 Page 20 of 32
EXHIBIT 4
92 Corning
X
93 Corona X
94 Coronado X
95 Corte Madera X
96 Costa Mesa X
97 Cotati X
98 Covina
X
99 Crescent City X
100 Cudahy X
101 Culver City X
102 Cupertino X
103 Cypress X
104 Daly City
X
105 Dana Point X
106 Danville X
107 Davis X
108 Del Mar X
109 Del Rey Oaks X
110 Delano X
111 Desert Hot Springs X
112 Diamond Bar X
113 Dinu ba X
114 Dixon
X
115 Dorris
X
116 Dos Palos X
117 Downey X
118 Duarte X
119 Dublin X
120 Dunsmuir X
121 East Palo Alto X
122 Eastvale X
123 El Cajon X
124 El Centro X
125 El Cerrito X
126 El Monte
X
127 El Segundo
X
128 Elk Grove X
129 Emeryville X
130 Encinitas X
131 Escalon X
132 Escondido X
133 Etna X
134 Eureka X
135 Exeter X
136 Fairfax X
137 Fairfield
X
March 8, 2022 Item #8 Page 21 of 32
EXHIBIT 4
138 Farmersville X
139 Ferndale X
140 Fillmore
X
141 Firebaugh
X
142 Folsom X
143 Fontana X
144 Fort Bragg X
145 Fort Jones X
146 Fortuna X
147 Foster City X
148 Fountain Valley X
149 Fowler X
150 Fremont X
151 Fresno X
152 Fullerton X
153 Galt
X
154 Garden Grove X
155 Gardena
X
156 Gilroy X
157 Glendale
X
158 Glendora X
159 Goleta X
160 Gonzales X
161 Grand Terrace X
162 Grass Valley X
163 Greenfield X
164 Gridley X
165 Grover Beach X
166 Guadalupe
X
167 Gustine X
168 Half Moon Bay X
169 Hanford X
170 Hawaiian Gardens X
171 Hawthorne
X
172 Hayward X
173 Healdsburg X
174 Hemet X
175 Hercules X
176 Hermosa Beach X
177 Hesperia X
178 Hidden Hills X
179 Highland X
180 Hillsborough X
181 Hollister X
182 Holtville X
183 Hughson X
March 8, 2022 Item #8 Page 22 of 32
EXHIBIT 4
184 Huntington Beach
X
185 Huntington Park X
186 Huron X
187 Imperial (in process of transition)
X
188 Imperial Beach X
189 Indian Wells X
190 Indio
X
191 Industry X
192 Inglewood
X
193 lone
X
194 Irvine X
195 Irwindale X
196 Isleton
X
197 Jackson
X
198 Juru pa Valley X
199 Kerman X
200 King City X
201 Kingsburg X
202 La Canada Flintridge X
203 La Habra X
204 La Habra Heights X
205 La Mesa X
206 La Mirada X
207 La Palma X
208 La Puente X
209 La Quinta X
210 La Verne X
211 Lafayette X
212 Laguna Beach
X
213 Laguna Hills X
214 Laguna Niguel X
215 Laguna Woods X
216 Lake Elsinore X
217 Lake Forest X
218 La keport X
219 Lakewood X
220 Lancaster X
221 Larkspur X
222 Lathrop X
223 Lawndale X
224 Lemon Grove X
225 Lemoore X
226 Lincoln X
227 Lindsay X
228 Live Oak X
229 Livermore X
March 8, 2022 Item #8 Page 23 of 32
EXHIBIT 4
230 Livingston
X
231 Lodi X
232 Loma Linda X
233 Lomita X
234 Lompoc X
235 Long Beach X
236 Loomis
X
237 Los Alamitos X
238 Los Altos X
239 Los Altos Hills X
240 Los Angeles X
241 Los Banos
X
242 Los Gatos X
243 Loyalton
X
244 Lynwood
X
245 Madera X
246 Malibu X
247 Mammoth Lakes X
248 Manhattan Beach X
249 Manteca X
250 Ma ricopa X
251 Marina X
252 Martinez
X
253 Marysville X
254 Maywood
X
255 McFarland X
256 Mendota X
257 Menifee X
258 Menlo Park X
259 Merced X
260 Mill Valley X
261 Millbrae X
262 Milpitas X
263 Mission Viejo X
264 Modesto X
265 Monrovia
X
266 Montague X
267 Montclair X
268 Monte Sereno X
269 Montebello
X
270 Monterey X
271 Monterey Park
X
272 Moorpark X
273 Moraga X
274 Moreno Valley X
275 Morgan Hill X
March 8, 2022 Item #8 Page 24 of 32
EXHIBIT 4
276 Morro Bay X
277 Mount Shasta
X
278 Mountain View X
279 Murrieta X
280 Na pa X
281 National City
X
282 Needles X
283 Nevada City
X
284 Newark X
285 Newman X
286 Newport Beach X
287 Norco X
288 Norwalk X
289 Novato X
290 Oakdale
X
291 Oakland X
292 Oakley X
293 Oceanside
X
294 Ojai
X
295 Ontario
X
296 Orange
X
297 Orange Cove X
298 Orinda X
299 Orland X
300 Oroville X
301 Oxnard
X
302 Pacific Grove X
303 Pacifica X
304 Palm Desert X
305 Palm Springs X
306 Palmdale X
307 Palo Alto X
308 Palos Verdes Estates X
309 Paradise X
310 Paramount X
311 Parlier
X
312 Pasadena X
313 Paso Robles X
314 Patterson X
315 Perris
X
316 Petaluma X
317 Pico Rivera X
318 Piedmont X
319 Pinole X
320 Pismo Beach X
321 Pittsburg
X
March 8, 2022 Item #8 Page 25 of 32
EXHIBIT 4
322 Placentia
X
323 Placerville X
324 Pleasant Hill X
325 Pleasanton X
326 Plymouth X
327 Point Arena X
328 Pomona X
329 Port Hueneme X
330 Porterville X
331 Portola
X
332 Portola Valley X
333 Poway X
334 Rancho Cordova X
335 Rancho Cucamonga
X
336 Rancho Mirage X
337 Rancho Palos Verdes X
338 Rancho Santa Margarita X
339 Red Bluff
X
340 Redding
X
341 Redlands
X
342 Redondo Beach
X
343 Redwood City X
344 Reedley X
345 Rialto
X
346 Richmond X
347 Ridgecrest X
348 Rio Dell X
349 Rio Vista X
350 Ripon X
351 Riverbank X
352 Riverside X
353 Rocklin X
354 Rohnert Park X
355 Rolling Hills X
356 Rolling Hills Estates X
357 Rosemead X
358 Roseville X
359 Ross X
360 Sacramento X
361 St. Helena X
362 Salinas X
363 San Anselmo
X
364 San Bernardino X
365 San Bruno X
366 San Carlos X
367 San Clemente
X
March 8, 2022 Item #8 Page 26 of 32
EXHIBIT 4
368 San Diego X
369 San Dimas X
370 San Fernando X
371 San Francisco X
372 San Gabriel
X
373 San Jacinto X
374 San Joaquin X
375 San Jose X
376 San Juan Bautista
X
377 San Juan Capistrano X
378 San Leandro X
379 San Luis Obispo X
380 San Marcos X
381 San Marino X
382 San Mateo X
383 San Pablo
X
384 San Rafael
X
385 San Ramon X
386 Sand City X
387 Sanger X
388 Santa Ana X
389 Santa Barbara X
390 Santa Clara
X
391 Santa Clarita X
392 Santa Cruz X
393 Santa Fe Springs X
394 Santa Maria
X
395 Santa Monica X
396 Santa Paula X
397 Santa Rosa X
398 Santee X
399 Saratoga X
400 Sausalito X
401 Scotts Valley X
402 Seal Beach X
403 Seaside X
404 Sebastopol X
405 Selma X
406 Shafter X
407 Shasta Lake X
408 Sierra Madre X
409 Signal Hill
X
410 Simi Valley X
411 Solana Beach X
412 Soledad X
413 Solvang X
March 8, 2022 Item #8 Page 27 of 32
EXHIBIT 4
414 Sonoma X
415 Sonora
X
416 South El Monte X
417 South Gate
X
418 South Lake Tahoe
X
419 South Pasadena X
420 South San Francisco
X
421 Stanton X
422 Stockton X
423 Suisun City
X
424 Sunnyvale X
425 Susanville X
426 Sutter Creek X
427 Taft
X
428 Tehachapi
X
429 Tehama
X
430 Temecula X
431 Temple City X
432 Thousand Oaks X
433 Tiburon X
434 Torrance
X
435 Tracy X
436 Trinidad X
437 Truckee X
438 Tulare X
439 Tulela ke
X
440 Turlock X
441 Tustin X
442 Twentynine Palms X
443 Ukiah X
444 Union City X
445 Upland X
446 Vacaville
X
447 Vallejo X
448 Ventura X
449 Vernon X
450 Victorville X
451 Villa Park X
452 Visalia X
453 Vista X
454 Walnut X
455 Walnut Creek X
456 Wasco
X
457 Waterford X
458 Watsonville X
459 Weed X
March 8, 2022 Item #8 Page 28 of 32
EXHIBIT 4
460 West Covina
X
461 West Hollywood
X
462 West Sacramento X
463 Westlake Village X
464 Westminster X
465 Westmorland X
466 Wheatland X
467 Whittier X
468 Wildomar X
469 Williams
X
470 Willits X
471 Willows X
472 Windsor X
473 Winters X
474 Woodlake X
475 Woodland X
476 Woodside X
477 Yorba Linda X
478 You ntville X
479 Yreka X
480 Yuba City
X
481 Yucaipa X
482 Yucca Valley X
March 8, 2022 Item #8 Page 29 of 32
Exhibit 5
From: Lau, Liliana
To: Faviola Medina
Cc: Vargas, Elvira
Subject: RE: Measure
Date: Friday, February 4, 2022 12:47:04 PM
Attachments: imaae002.ong
Hi Faviola,
We don't have all the jurisdictions that will be ultimately participating in the election. The number
of participating jurisdictions and number of contests will be known after the 88th day before the
respective election. The actual costs are likely to vary depending on how many jurisdictions
participate. The Registrar of Voters assign election costs in a consolidated election through the use
of a weighted average method. This attributes costs to each jurisdiction based on the number of
contests, the number of registered voters, and the number of sample ballot pages. The Board of
Supervisors approved the county's transition to a vote center model under the Voters Choice Act on
October 19, 2021. The first election under this new model will be the April 2022 Special Vacancy
Election for the 80th Assembly District.
The cost projection for a 5-page measure, including arguments and rebuttals, is $85K - $115K:
Below are the current assumptions:
•# of registered voters as of 2/3/2022: 81,255
•All registered voters will receive their official ballot in the mail, along with the "I Voted"
stickers.
•Pre-paid postage for all voters receiving their official ballot in the mail.
•Expand mail ballot drop off locations to a minimum of 130 locations using staffed personnel
for a 28-day period.
•Expand in-person voting to 11-day period.
•Unknown number of County measures and State propositions at this time.
•Conditional voter registration (which allows a voter to register and vote on the same day)
available at all vote centers.
•The number of voters continues to grow across all jurisdictions.
•One-card ballot.
Thanks,
From: Faviola Medina <Faviola.Medina@carlsbadca.gov>
Sent: Thursday, February 03, 2022 10:52 AM
To: Lau, Liliana <Lilianalau@sdcounty.ca.gov>; Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>
Subject: [External] RE: Measure
I would say that it more than likely will be one page.
March 8, 2022 Item #8 Page 30 of 32
City of
Carlsbad
Faviola Medina, CMC
City Clerk Services Manager
Office of the City Clerk
P: 760-434-5989
From: Lau, Liliana <Lilianalau@sdcounty.ca.gov>
Sent: Thursday, February 3, 2022 9:56 AM
To: Faviola Medina <Faviola.Medina@carlsbadca.gov>; Vargas, Elvira
<Elvira.VargasPsdcounty.ca.gov>
Subject: RE: Measure
Good Morning Faviola,
How many pages are in the measure?
Thanks,
.440.0
From: Faviola Medina <Faviola.MedinaPcarlsbadca.gov>
Sent: Wednesday, February 02, 2022 11:31 AM
To: Vargas, Elvira <Elvira.VargasPsdcounty.ca.gov>; Lau, Liliana <Lilianalau@sdcounty.ca.gov>
Subject: [External] Measure
Importance: High
Good Morning Liliana and Elvira,
I was just wondering if I could get an update on how much it would cost to place a citywide measure
on the June ballot.
We have one measure that we will for sure be taking in June and would like an additional quote to
see what the cost estimate would be for a possible second one. If the cost for just the one has
changed, could you please also provide that update?
Also, Elvira, could you please send me the link to the system to upload the measures to you?
Thank you in advance for all of your help,
(City of
Carlsbad
March 8, 2022 Item #8 Page 31 of 32
Faviola Medina, CMC
City Clerk Services Manager
Office of the City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
P: 760-434-5989 I F: 760-720-9461 I faviola.medina@carlsbadca.gov www.carlsbadca.gov
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March 8, 2022 Item #8 Page 32 of 32
Tammy Cloud-McMinn
From:
Sent:
To:
Cc:
Subject:
Attachments:
debcervone@aol.com
Friday, March 4, 2022 3:58 PM
Council Internet Email
City Clerk
Letter in support of agenda item #8
City clerk.docx
<7 All Receive - Agenda Item
For the Information of the:
CITY COUNCIL
Date 9/,22-CA iv-- CC --
CM ----ACM e"- DCM (3)
Honorable Mayor and City Council, please find attached a letter
of support for agenda Item #8 for March 8th meeting.
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safe.
1
March 4, 2022
Dear Honorable Mayor and City Council Members:
I write this letter in support of agenda Item #8, scheduled for March 8th "Possible
transition of City Clerk position from elected to appointed."
I am proud to be a retired City Clerk, serving as City Clerk in Encinitas for 25 years. The
position of City Clerk is a very technical position that requires a person to understand
and implement Federal, State and local regulations and codes. City Clerks serve as
unbiased public servants and are a vital link between the citizens and their government.
It is my belief based on my years of experience, that the City Clerk position should not
be a political one, but an appointed position, appointed by the City Manager.
I support including this issue on the ballot for the next City election.
Thank you for your consideration of this letter.
Deborah Cervone
3622 Haverhill Street
Carlsbad, CA 92010
Cc: clerk@carlsbadca.gov
Tammy Cloud-McMinn
From: Council Internet Email
Sent: Friday, March 4, 2022 4:45 PM
To: City Clerk
Subject: FW: Clerk Position
From: Sherry Moore <sherrymoore760@gmail.com>
Sent: Friday, March 4, 2022 10:27 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Clerk Position
The clerk position should decided by the voters. Elect. Don't appoint.
Thank you,
Sherry Moore
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Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Diana A <dra805@gmail.com>
Monday, March 7, 2022 3:17 PM
City Clerk
Agenda #8
All Receive - Agenda Item # g
For the Information of the:
ITY COUNCIL
Date CA
•,--ACM AXM (3)
Dear Mayor + CouncilMembers,
As a certified Lean Six Sigma professional and a certified Project Management
Professional with expertise in process efficiencies I support an appointed city clerk
position. In our current environment, it's important to adopt lean processes that allow
for efficiency. It's in our City's benefit to hire a qualified individual that maintains their
credentialing to fill this position. I believe that hiring an individual will allow for
transparency.
The city clerk requires special training and continuing education to remain in line with
the field and to ensure the requirements are met.
Per the City Clerks Association of California.
https://www.californiacityclerks.org/page/whatisacityclerk
The City Clerk is the local official for elections, local legislation, the Public Records Act, the Political Reform Act,
and the Brown Act (open meeting laws). Before and after the City Council takes action, the City Clerk ensures
that actions are in compliance with all federal, state, and local statutes and regulations and that all actions are
properly executed, recorded, and archived.
The statutes of the State of California prescribe the basic functions and duties of the City Clerk, and the
Government Code and Election Code provide precise and specific responsibilities and procedures to follow.
The Office of the City Clerk is a service department within the municipal government upon which the City
Council, all City departments, and the general public rely for information regarding the operations and
legislative history of the City. The City Clerk serves as the liaison between the public and City Council and
provides related municipal services.
Thanks for your consideration.
Diana Aguirre, MBA, PMP®, LSSBB
she/her/hers
District 3 Resident
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Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Council Internet Email
Tuesday, March 8, 2022 134 PM
City Clerk
FW: Elected vs Appointed City Clerk
All Receive - Agenda Item #
for the Information of the:
CITY, COUNCIL
Date 3/8/c4CA V -CC
V-ACM DCM (3)
From: Karen Kundtz <kkundtz@hotmail.com>
Sent: Tuesday, March 8, 2022 1:33 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Elected vs Appointed City Clerk
Mayor and Council Members,
I am sending this email to encourage your support for transitioning the position of City Clerk. The duties and
responsibilities of the position have changed over the years and the complexity of the work has significantly
increased. As someone who worked for the City for 36 years in this department, I have experienced first
hand that having the position serve as a figurehead is not the most efficient way to operate. I support staff's
request to place the measure on the ballot and hope that you will also.
Thank you,
Karen R. Kundtz, CMC, Retired
Sent from Windows Mail
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1