A.
The
monthly compensation of City Council Members is increased from $2,264.18
to $2,354.75 upon the effective date of the ordinance codified in
this section. Adjustments to City Council compensation shall not exceed
the amount established by the San Diego Regional Consumer Price Index.
Adjustments to City Council compensation must be made or permanently
waived by ordinance in January of each year. The City Council is prohibited
from enacting retroactive increases for years in which a salary increase
was waived.
B.
The Mayor shall receive compensation of $100.00 in addition to the compensation the Mayor receives as a City Council Member under subsection A of this section.
C.
The
compensation established by this section is exclusive of any amounts
payable to each member of the City Council as reimbursement for actual
and necessary expenses incurred in the performance of official duties
for the city.
(Ord. 1095-A § 1; Ord. 1188 § 1, 1976; Ord. 1207 § 1, 1978; Ord. 1213 § 1, 1979; Ord. 1227 § 1, 1980; Ord. 1243 § 1, 1982; Ord. 1272 § 1, 1984; Ord. 1289 § 1, 1986; Ord. 1293 § 1, 1987; Ord. NS-28 § 1, 1988; Ord. NS-122 § 1, 1990; Ord. NS-363 § 1, 1996; Ord. NS-442 § 1, 1998; Ord. NS-528 § 1, 2000; Ord. NS-615 § 1, 2001; Ord. NS-689 § 1, 2004; Ord. NS-792 § 1, 2006; Ord. NS-858 § 1, 2007; Ord. CS-024 § I, 2009; Ord. CS-269 § I, 2015; Ord. CS-340 § 2, 2018; Ord. CS-391 § 4, 2021; Ord. CS-414 § 1, 2022; Ord. CS-444 § 1, 2023; Ord. CS-463, 1/30/2024)
A.
The compensation of the City Clerk and City Treasurer is increased from $1,141.69 to $1,187.36 per month, payable biweekly. In January of each year, when the City Council considers compensation adjustments under section 2.04.010(A), the City Council shall consider whether to adjust the compensation for the City Clerk and City Treasurer. Adjustments to the compensation for the City Clerk and City Treasurer shall not exceed the amount established by the San Diego Regional Consumer Price Index. The City Council may not enact retroactive increases for years in which a salary increase was not approved.
(Ord. CS-391 § 4, 2021; Ord. CS-435 § 2, 2022; Ord. CS-445 § 1, 2023; Ord. CS-464, 1/30/2024)
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 Section 2.04.010 or 2.04.020.
(Ord. CS-429 § 2, 2022)
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 subsection (B)(2) of this section, 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.
(Ord. CS-391 § 4, 2021; Ord. CS-462, 12/12/2023)
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
(C)(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 ordinances
and rules and regulations, including conflict of interest and ethics
laws, ordinances, rules and regulations.
(Ord. CS-023 § 1, 2009; Ord. CS-391 § 4, 2021; Ord. CS-462, 12/12/2023)
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.
(Ord. CS-391 § 4, 2021)
Pursuant to California Government Code Section 34886 and the schedule established in Section 2.04.080, City Council Members shall be elected on a by-district basis from four single-member council districts. The city's by-district electoral system shall be conducted in accordance with California Government Code Section 34871, subdivision (c).
(Ord. CS-322 § 2, 2017; Ord. CS-391 § 4, 2021)
A.
Pursuant to Section 2.04.060, City Council Members shall be elected on a by-district basis, as that term is defined in California Government Code Section 34871, subdivision (c), from the four council districts.
1.
For
City Council elections beginning in November 2022:
a.
Council District 1 shall comprise all that portion of the city reflected
on Figure A.
b.
Council District 2 shall comprise all that portion of the city reflected
on Figure B.
c.
Council District 3 shall comprise all that portion of the city reflected
on Figure A.
d.
Council District 4 shall comprise all that portion of the city reflected
on Figure B.
2.
For
City Council elections beginning in November 2024 and continuing in
effect until amended or repealed:
a.
Council District 1 shall comprise all that portion of the city reflected
on Figure A.
b.
Council District 2 shall comprise all that portion of the city reflected
on Figure A.
c.
Council District 3 shall comprise all that portion of the city reflected
on Figure A.
d.
Council District 4 shall comprise all that portion of the city reflected
on Figure A.
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Figure A
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Figure B
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B.
Members
of the City Council, excluding the Mayor, shall be elected in the
electoral districts established by this section and subsequently reapportioned
pursuant to applicable state and federal law.
C.
Notwithstanding
any other provision of this chapter, the City Council Member elected
to represent a council district must reside in the district and be
a registered voter in the district, and any candidate for City Council
must live in, and be a registered voter in, the council district in
which the candidate seeks election at the time nomination papers are
issued, pursuant to California Government Code Section 34882 and California
Elections Code Section 10227. Termination of residency in a council
district by a City Council Member shall create an immediate vacancy
for that council district unless a substitute residence within the
district is established within 30 days after the termination of residency.
(Ord. CS-322 § 2, 2017; Ord. CS-391 § 4, 2021; Ord. CS-418 § 2, 2022)
Except as otherwise required by Section 2.04.110, the City Council Members shall be elected in Council Districts 1 and 3 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council Districts shall be amended. City Council members shall be elected from Council Districts 2 and 4 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such council districts shall be amended.
(Ord. CS-322 § 2, 2017; Ord. CS-391 § 4, 2021)
The City Council shall meet on the first Tuesday after the certification
of the General Municipal Election results, or as soon thereafter as
reasonably practicable, and choose one of its members as Mayor pro
tempore. If the Mayor is absent or unable to act, the Mayor pro tempore
shall serve as Mayor until the Mayor returns or is able to act. While
serving as Mayor pursuant to this section, the Mayor pro tempore shall
have all of the powers and duties of the Mayor.
(Ord. CS-391 § 4, 2021)
As soon as reasonably practicable after a new City Council Member
is sworn into office, or at the first regularly scheduled City Council
meeting of the calendar year, the City Council shall appoint individual
members of the City Council to boards, commissions, committees or
other bodies as the City Council may find necessary for its effective
functioning. These appointments shall be made by the Mayor subject
to the approval of the City Council.
(Ord. 1258 § 1, 1982; Ord. NS-563 § 1, 2000; Ord. CS-391 § 4, 2021)
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:
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 (A)(3)(a) and (A)(3)(b) of this section 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 of this section or call a special election to fill the vacancy under subsection C of this section.
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.
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 of this section to fill the vacancy.
F.
Notwithstanding
any other provision in this section, if the vacancy is in the office
of City Clerk and there is less than 16 months remaining in the term
from the date of the declaration of vacancy, the City Council may
choose not to fill the vacancy by either appointment or by calling
a special election and the office shall remain vacant for the remainder
of the term.
(Ord. 1253 § 1, 1982; Ord. NS-223 § 1, 1993; Ord. NS-256 § 1, 1993; Ord. NS-529 § 1, 2000; Ord. NS-836, 2007; Ord. CS-044 § 1, 2009; Ord. CS-100 § 1, 2010; Ord. CS-391 § 4, 2021; Ord. CS-400 § 2, 2021)
