MEETING DATE:
JANUARY 14, 2025
SUBJECT:
Title
CITY COUNCIL REORGANIZATION AND APPOINTMENTS TO OUTSIDE AGENCIES
Body
Recommendation
Recommendation
APPOINT individual City Councilmembers to serve a two year term (or other term specified), from January 2025 to December 2026, on the North County Dispatch Joint Powers Authority (NCDJPA), League of California Cities-San Diego Division (LOCC-SD), North County Transit District (NCTD), Southern California Joint Powers Insurance Authority (SCJPIA), San Diego Association of Governments (SANDAG) and Clean Energy Alliance (CEA).
APPOINT a City Councilmember to the position of Deputy Mayor for a two-year term from January 2025 to December 2026 to fulfill the duties as assigned pursuant to San Marcos Municipal Code 2.08.040.
APPOINT the Mayor and Deputy Mayor to serve as Chair and Vice Chair, respectively, of the San Marcos Fire Protection District and all other agencies where the City Council sits as the board.
Body
Board or Commission Action
Not applicable
Relevant Council Strategic Theme
Good Governance
Introduction
At the beginning of each year, Councilmembers have the opportunity to appoint individuals to outside agencies where the City has representation (see attached for current appointments). These agencies include the North County Dispatch Joint Powers Authority (NCDJPA), League of California Cities-San Diego Division (LOCC-SD), North County Transit District (NCTD), Southern California Joint Powers Insurance Authority (SCJPIA), San Diego Association of Governments (SANDAG), and Clean Energy Alliance (CEA). The appointments to positions on outside agencies can be for one or two year terms.
In 2012, the Fair Political Practices Commission (FPPC) created the Form 806 (Attached) to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of a public agency, special district, or joint powers agency or authority pursuant to FPPC Regulation 18705.5. This form allows public officials to appoint themselves to outside agencies and boards where additional compensation is received without creating a conflict of interest with respect to state regulations. However, the locally-enacted provisions of San Marcos Municipal Code (SMMC) Chapter 2.16 and SMMC section 2.16.070 precludes, participation in decisions that may have a reasonably foreseeable material financial effect on campaign contributors or other sources of income totaling $100 within the last 12 months, unless the stipend is waived. This local restriction may affect members of the Council with respect to the appointment process.
As part of the city council reorganization process, the designation of a Deputy Mayor is required by Government Code Section 36801 and San Marcos Municipal Code section 2.08.040. The designation of a Deputy Mayor is to ensure the orderly procedure of the City Council meetings in the event the Mayor cannot be present.
The City Council also serves as the San Marcos Fire Protection District Board, and takes action when necessary for that body. Historically, the Mayor also serves as Chair, and the Deputy Mayor serves as Vice Chair of that Board.
Discussion
The City currently has representation on the following agencies NCDJPA, LOCC-SD, NCTD, SANDAG, SCJPIA and Clean Energy Alliance. To ensure continuity and city representation on these outside agencies, staff recommends that the City Council make the appointments at this time. The appointments to positions on outside agencies can be for one- or two-year terms or until a successor is appointed.
In 2012, the FPPC created the Form 806 to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of a public agency, special district, or joint powers agency or authority pursuant to FPPC Regulation 18705.5. If an official receives $250 or more in any 12-month period for serving on that outside agency, the Form 806 is required to be posted to the City’s internet site. To ensure good governance and transparency the FPPC Form 806 allows public officials to appoint themselves to outside agencies and boards where additional compensation is received without creating a conflict of interest. The current Form 806 is posted on the City’s website and any amendments to positions will be updated accordingly.
It is important to note that the City’s local Campaign Contribution regulations located at SMMC section 2.16.070 precludes Council Members from participation in the voting process for candidates who have made campaign contributions or provided other income to the Council Member totaling $100 or more within the last 12 months with respect to any position carrying a stipend, unless the stipend is waived. Any such waiver, for which there is a form, should occur prior to the vote on the appointment in question.
The annual city council reorganization also calls for the appointment for one City Councilmember to serve as Deputy Mayor. The San Marcos Municipal Code does not include term limits for this position with regard to the number of years to serve or the number of times one individual is appointed to this office.
The City Council serves as the San Marcos Fire Protection District Board and possesses the power and authority to approve items under the Fire Protection District’s jurisdiction. As items for the Fire Protection District Board approval are presented in conjunction with City Council items, staff recommends that the current practice of the Mayor acting as Chair and Deputy Mayor acting as Vice Chair continue, as this would ensure efficient meeting management of joint Fire Protection District and City Council agenda items.
Fiscal Impact
There is no fiscal impact to the City associated with the City Council appointments and the selection of a Deputy Mayor.
Attachments
Current Appointments
Form 806
Prepared by: Micki Olinger Chavez, Deputy City Clerk
Approved by: Michelle Bender, City Manager