INTRODUCTION
Citizen participation in local government is strongly encouraged by the City Council. Citizen volunteers provide time, talent, knowledge and enthusiasm to add to that of elected officials and city staff. The skills and commitment to public service of willing Encinitas' citizens is an important and renewable resource to provide the services the whole body of citizens needs and expects.
This manual has been prepared to give an overview of the boards, committees and commissions established by the City of Encinitas.
Citizens interested in serving on a committee should complete an application for appointment and submit it to the City Clerk's office. As vacancies occur or new committees are formed, they will be publicized in the local paper. Most appointments are made by vote of the City Council.
CITY GOVERNMENT
Encinitas was incorporated October 1, 1986, following a vote for incorporation in June 1986. In the period June to October 1, 1986 the Council Members Elect held many, many unofficial meetings to prepare the City to function once they were sworn in and began serving in their official capacity.
The City of Encinitas has a Council/Manager form of government. The City Council Members are the only elected officials. Terms of City Council Members are staggered with three members being elected at one time and two at another. Elections are consolidated with the General Election in November of even numbered years.
The City Manager is responsible for all City departments and is appointed by and serves at the pleasure of the Council. The City Clerk and City Attorney are also appointed by and serve at the pleasure of the City Council. All other employees are appointed by the City Manager following procedures established by law.
The City Council is the legislative body of the City. Members are elected on a non-partisan ballot. They are not "full-time" in the sense of being present in a City Hall office for 40 hours per week. They retain whatever positions they may hold in private business or industry, or as homemakers or professional people.
The City Council also serves as the Board of Directors for the Cardiff Sanitation District, the San Dieguito Water District, and the Encinitas Housing Authority. Individual members serve on a variety of other boards, committees and joint power authorities.
The Mayor presides at all Council meetings and is recognized as the head of the City government for ceremonial purposes. The Mayor acts as the City official designated to represent the City in agreements with other governmental entities, but has no administrative duties except as required to carry out the responsibilities outlined in the City’s Municipal Code.
The City Council meets every second, third and fourth Wednesday of the month for regular meetings.
The following outline is a brief description of the various duties of a Council member. The description is not meant to be exhaustive; rather, an effort has been made to summarize the primary responsibilities of the Council Member.
I. Establish Policy
- Adopt goals and objectives
- Establish priorities of public services
- Approve programs
- Approve / amend the financial and capital improvement plans.
- Approve expenditures and payments
- Approve grant applications
- Approve contracts
- Approve land use plan and zoning changes. (Council only)
- Resolve appeals.
II. Supervision of Administration
- Hire City Manager and City Attorney
- Provide direction to Administration
- Evaluate City Manager and City Attorney.
- Evaluate programs.
The City Manager is the Chief Administrative Officer. He, with the help and advice of his staff, gives professional advice to the City Council to enable them to have the greatest possible amount of needed information in their deliberations.
Starting on October 1, 1986, the City adopted a series of ordinances for governing the City under authority granted in the State Government Code. Those ordinances which are of a permanent nature have been codified into the Municipal Code.
The General Plan of the City is a guideline document for land use. It is implemented by the Zoning Code.
DEPARTMENTS
The City has six departments: the Department of Administrative Services, Department of Finance, Department of Public Works, Engineering Department, Department of Planning, Department of Parks and Recreation, Fire Department, and the City Clerk's Department. Each department is headed by a Department Director.
Police services are provided by contract with the San Diego Sheriff's Department.
GENERAL AUTHORIZATION AND REGULATIONS FOR COMMITTEES, COMMISSIONS, AND TASK FORCES
The skill and commitment of citizens participating in local government as members of boards, commissions and committees contribute significantly to the services provided by the City. The duties of all members in general are to identify issues, draft policies and plans relating to possible solutions, attempt to determine potential impacts and to make recommendations to the City Council regarding such plans and policies. To assist members in their duties as public officials certain general responsibilities are summarized below.
Financial Interest: No member shall make, participate in making or attempt to use his/her official position to influence the making of a governmental decision in which s/he knows or has reason to know that s/he has a financial interest. Statements of economic interest are required from members of the Planning Commission and those commissions and committees included in the City's Conflict of Interest Code. If there are questions, contact the office of the City Clerk.
Conduct of Meetings: Members should be familiar with their specific board, commission or committee's rules and regulations concerning the procedure for conducting meetings. Such rules and regulations pertain to quorum number, agenda posting, noticing of meeting time and place and the holding of a particular type of meeting (regular, special and adjourned regular or special).
Vacancies For Local Appointive Positions
Under the Maddy Local Appointive List Act of 1975, the City Council is required on or before December 31 of each year to prepare a list of upcoming appointments to all regular and ongoing boards, commissions, and committees which are appointed by the board. This list must contain an enumeration of all appointive terms which will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position. The list shall also contain a description of all boards, commissions, and committees whose members serve at the pleasure of the City Council and the necessary qualifications for each position (Gov. Code, Section 54972).
In the case where an unscheduled vacancy occurs in any board, commission, or committee described above, a special vacancy notice is to be posted in the office of the City Clerk and in other places directed by the City Council not earlier than 20 days before or not later than 20 days after the vacancy occurs. The final appointment to that board, commission, or committee shall not be made by the City Council for at least 10 working days after the posting of the notice in the City Clerk's office. If the board finds that an emergency exists, it may fill an unscheduled vacancy immediately. However, persons appointed to fill that vacancy serve only on an acting basis until the final appointment is made (Gov. Code, Section 54974).
1. GENERAL
A. Open Meetings
The Ralph M. Brown act requires that, except for authorized closed sessions hereinafter noted, all meetings of Public Bodies shall be open and the public and all persons shall be permitted to attend any meeting without being required to register their names or other information or to complete any sort of questionnaire in order to be able to attend. In addition, any person may record the proceedings with a tape recorder so long as this is done in a non-disruptive manner.
B. Availability of Agendas
The state law requires that, at least 72 hours before a regular meeting, a legislative body, or its designee, post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda must specify the time and location of the regular meeting and must be posted in a location accessible to the public. No action shall be taken on any item not appearing on the posted agenda. The legislative body may, however, take action on matters not appearing on the posted agenda under the following circumstances:
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Government Code Section 54956.5.
(2) Upon determination by a two-thirds vote of the legislative body, or , if less than two-thirds of the members are present, a unanimous vote of those members present, that the need to take action arose subsequent to the agenda being posted.
(3) The item was posted for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken (Gov. Code, Section 54954.2).
Every agenda for regular meetings must provide an opportunity for the public to directly address the legislative body on agenda items. The legislative body may adopt reasonable regulations concerning the public's right to address the legislative body, including regulations to limit the total amount of time allocated for public testimony on particular issues and for each individual speaker (Gov. Code, Section 54954.3).
The state law requires that agendas of public meetings and other writings distributed to all or a majority of members of a legislative body in a public meeting are to be considered public records with very limited exceptions and are to be made available to the public either prior to the commencement of the meeting or, if distributed during the meeting, are to be available as soon thereafter as practical. The legislative body of the local agency may charge a fee or deposit for a copy of a public record (Gov. Code, Section 54957.5).
2. TYPES OF MEETINGS
There are four types of classes of meetings: (1) regular, (2) adjourned regular, (3) special, and (4) adjourned special.
A. Regular Meetings
The act requires that each Public Body (other than one that is merely advisory in scope) must provide by its bylaws, resolution or whatever other rule is required for the conduct of its business, the time and place for holding its regular meetings. (Government Code Section 54954 and 54954.1). If at any time any regular meeting falls on a holiday, the regular meeting shall be held on the next business day. If by reason of fire, flood or other emergency it is unsafe to hold the meeting in the designated place, the meeting may be held for the duration of the emergency at such place as is designated by the presiding officer of the Public Body.
B. Special Meetings
All meetings other than regular or adjourned regular meetings, are special meetings.
(1) A special meeting may be called at any time by the presiding officer of the committee or commission or by a majority of the members of the committee or commission by delivering personally or by mail written notice to each member and to each local newspaper of general circulation, radio or television station requesting notice in writing. The notice must be received at least 24 hours before the time of the meeting and the notice must specify both the time and the place of the meeting and the business to be transacted. (If a closed session is to be conducted, this notice must include a statement of the reason(s) for the closed session [Gov. Code, Section 54957.7].) Note that no business may be considered at such meeting except that which is specified in the notice. Such written notice may be dispensed with as to any member who, in writing, waives notice at or prior to the time of the meeting, or who is actually present at the meeting. The call and notice must be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public (Gov. Code, Section 54956 [not applicable to purely advisory Public Bodies]).
(2) A special meeting may be called without complying with the 24-hour posting requirement in specified emergency situations (Gov. Code, Section 54956.5). The section defines that term to mean a work stoppage or other activity which severely impairs public health, safety, or both, as determined by majority of the members of the legislative body or crippling disaster which similarly impairs health, safety, or both, as determined by the legislative body. Media which have requested notice of special meetings must be notified by telephone by the presiding officer or a designee at least one hour prior to the special meeting and all telephone numbers provided in the most recent request of the media must be utilized. In the event telephone services are not functioning, the notice requirements are deemed waived and the media are to be notified of the fact of the holding of the meeting, the purpose of the meeting and the action taken as soon thereafter as possible.
The legislative body may not meet in closed session during a meeting called pursuant to this emergency procedure. In addition, the minutes of the meeting as well as the list of the person notified or attempted to be notified and a copy of the roll call vote of any actions taken of the meeting must be posted for a minimum of ten (10) days in a public place as soon after the meeting as possible.
C. Adjournment and Continuances
The Public Body may adjourn any meeting (regular or special) to a time and place specified in the order of adjournment. A notice of the adjournment must be posted on or near the door of the place where the meeting was held within 24 hours after the time of the adjournment. If the notice fails to state the hour at which the adjourned meeting is to be held, it is to be presumed that the meeting will be held at the hour specified for regular meetings as established by the Public Body. Any hearing being held or to be held by the committee or commission may be continued or recontinued to a subsequent meeting in the same manner as outlined above regarding adjournment; provided, however, if the continuance is for less than 24 hours, a notice of the continuance must be posted immediately following the meeting at which the order of continuance was adopted (Gov. Code, Sections 54955, 54955.1 [not applicable to purely advisory Public Bodies]).
3. APPLICATION AND SANCTION
The Ralph M. Brown Act applies to the governing body and the boards, commissions and committees of every local agency (i.e., every city, county, school district, municipal corporation, or public district, or joint powers agency and includes all nonprofit organizations that receive money to be expended for public purposes pursuant to the Economic Opportunity Act of 1964) notwithstanding any conflicting provisions of any other state law (Gov. Code, Section 54958). It may be noted that members of a Public Body who attend a meeting where knowledge of the fact that the meeting is in violation thereof are guilty of a misdemeanor (Gov. Code, Section 54959). Additionally, the person interested in commencing legal action is required to make a demand on the legislative or governing body to cure or correct the action, as specified, before commencing the action. The legislative body may within 30 days of receipt of the demand take action and cure or correct the challenged action.
PROHIBITION AGAINST FINANCIAL INTEREST IN CONTRACTS
Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity (Gov. Code, Section 1090 [see also Sections 1090.1 - 1097]).
POLITICAL REFORM ACT - FINANCIAL INTERESTS
1. FINANCIAL DISCLOSURE
To be subject to the financial conflict of interest laws of the State, a citizen must first be a "public official." In a description that is not all inclusive, State law provides that a "public official" is a member of a commission/committee that makes recommendations to the City Council which, over an extended period of time, are regularly approved by the City Council without significant amendment or modification.
The financial disclosures provisions of the Political Reform Act apply to the Planning Commission and those commissions/committees included in the City's Conflict of Interest Code.
As defined by State law, members of a commission/committee are "participating in the making of a governmental decision" when they are preparing or presenting any report, analysis or opinion, orally or in writing, which requires the exercise of judgment on the part of the member and the purpose is to influence the City Council decision.
Further, a public official "participates" if the official votes on the matter or negotiates with or attempts to influence the City Council, staff, co-members, or members of other bodies who are considering the matter.
2. GENERAL PROHIBITION
No public official at any level of state or local government shall make, participate in making, or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest (Gov. Code, Section 87100).
If a commission/committee member is a "public official" and would be "participating in the decision making process", then the member will be disqualified from such participation if:
a. The commission/committee member has an interest in real property that is located within a 300 feet radius of the property under consideration and the decisions will have any financial effect on the official's real property;
b. The commission/committee member has real property that is located outside a radius of 300 feet from the property under consideration but the reasonable foreseeable financial effect of the decision-making process could change the fair market value of the commission/committee members' real property of $10,000 or more, or the rental value of the commission/committee member's property by $1,000 or more during a twelve-month period;
c. The commission/committee member's property is the subject of a proposed exaction; or
d. The decision-making process will result in construction or improvement such that the commission/committee member's real property will receive new or substantially improved services.
Even though the analysis above may initially appear to disqualify a particular member from participating, State Law includes provisions that nonetheless allow the member to participate. For example, the member may participate:
a. If the decision affects the member's real property interest in a manner which is not distinguishable from the manner in which the decision will affect the public generally; or
b. The decision will affect the member's real property interest in substantially the same manner as the decision will affect all members of the public or significant segment of the public.
This analysis is directed at real property interests of a commission/committee member. A particular commission/committee member may have an interest in a business entity or a source of income which could also disqualify the member from participating.
CHAPTER 2.30
BOARDS, COMMISSIONS AND COMMITTEES
2.30.010 Appointment.
A. Three affirmative votes of members of the City Council are required to appoint an individual to a City board, commission or committee for a full term or unexpired portion of a vacated term.
B. On or before December 31 of each year, the City Clerk shall prepare an appointments list of all regular and ongoing boards, commissions and committees which are appointed by the City Council. (Government Code Section 54972)
C. Whenever a vacancy occurs, the City Clerk shall post notice. Final appointment shall not be made by the City Council for at least 10 days after the posting of notice. (Government Code Section 54974)
2.30.020 Term.
A. Persons appointed to a City board, commission or committee serve at the pleasure of the City Council.
B. A Board, Commission, or Committee Member's term shall be automatically terminated, with or without cause, upon the happening of one or more of the following: (Ord. 2007-06).
1. The member is absent from three consecutive, regular and/or special meetings held by the member’s agency; (Ord. 99-01)
2. The member is absent from 1/4th of the regular and/or special meetings conducted by the member’s agency during the preceding twelve months; or; (Ord. 99-01)
1. A motion is adopted by the affirmative votes of no less than three Council Members declaring the member’s term to be terminated.
2.30.030 Compensation of Members. No member of a City board, commission or committee shall receive compensation for services as a member. However, members may be compensated for expenses reasonably and necessarily incurred in the performance of official duties.
2.30.040 Rules and Regulations. Each agency may adopt such rules and regulations as are required for their occupation and which are consistent with the provisions of this Code.
A. Each Board, Commission or Committee established by the City Council is authorized to adopt its own rules and regulations to assist in the conduct of their business, so long as such rules and regulations are consistent with the provisions of this Code and City Council policies.
B. Each Board, Commission or Committee established by the City Council shall adopt a resolution setting forth the hour, day of the month and location of its regular meetings.
2.30.050 Finances. The City Council shall provide the funds, equipment and accommodations necessary for the work of each agency.
2.30.060 Records. Each agency shall keep a record of the resolutions, transactions, findings and determinations made, which shall be filed with the City Clerk and maintained as a public record.