CA Review CKM
Meeting Date: Aug. 16, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Ana Marie Alarcon, Deputy City Clerk
[email protected], 442-339-2809
Subject: Adoption of Ordinance No. CS-429 – Benefits for Elected Officials Districts: All
Recommended Action
Adopt Ordinance No. CS-429 amending Carlsbad Municipal Code Chapter 2.04 by adding Section 2.04.025 regarding benefits for elected officials.
Executive Summary/Discussion
Ordinance No. CS-429 was introduced and first read at the City Council meeting held on July 26, 2022. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the City Council voted 5-0, to introduce Ordinance No. CS-429. The second reading allows the City Council to adopt the ordinance, which will become effective 30 days after its adoption.
Fiscal Analysis
No additional appropriations in fiscal year 2022-23 are being requested to fund elected officials’ benefits. Funding for elected officials’ benefits for future fiscal years will be incorporated into future operating budgets.
Next Steps
The City Clerk Services Manager 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. 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.
Exhibit
1.Ordinance No. CS-429
Aug. 16, 2022 Item #8 Page 1 of 3
ORDINANCE NO. CS-429
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 2.04 BY ADDING SECTION 2.04.025 REGARDING BENEFITS FOR ELECTED OFFICIALS WHEREAS, the City of Carlsbad provides its elected officials with the same benefit programs available to unrepresented management employees for retirement, health and welfare; and WHEREAS, these benefit programs were first made available to elected officials when the city was a general law city subject to the provisions of the California Government Code regarding compensation and benefits for elected officials including California Government Code Section 36516, subdivision(d); and
WHEREAS, the voters of the City of Carlsbad at the June 3, 2008, election voted to change the powers and duties of the City of Carlsbad by adopting a City Charter; and WHEREAS, under the California Constitution, the City Council has plenary authority to legislate matters of local concern notwithstanding general laws to the contrary; and WHEREAS, the compensation and benefits of elected officials in the City of Carlsbad is a matter of local concern;and
WHEREAS, the City Council wishes to clarify the types of benefit programs available to the city's elected officials and whether the amounts paid for those benefits are included for purposes of determining the salary of elected officials.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1.The above recitations are true and correct.
2.Carlsbad Municipal Code Chapter 2.04 is amended by the addition of Section 2.04.025 to read as follows:
2.04.025 Benefits -Elected officials.
The city shall make available to each elected official the same benefit programs available to unrepresented management employees for retirement, health and welfare. Amounts provided to elected officials for retirement, health and welfare, or payments made to elected officials in lieu of receiving such benefits, shall not be included for purposes of determining compensation under Sections 2.04.010 or 2.04.020.
Exhibit 1
Aug. 16, 2022 Item #8 Page 2 of 3
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 26th day of :!..l!!y, 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of August, 2022, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
� /r . �
CINDIE K. McMAHON, City Attorney
-rvFAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Aug. 16, 2022 Item #8 Page 3 of 3