AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, City Manager
SUBJECT:
Appointments of City Councilmember to Regional Boards and Committees for Outside Agencies RECOMMENDATION:
Mayor to Appoint with City Council Consensus to Certain Regional Boards and Committees.
Adopt Resolutions Memorializing the Appointments for the Use by Other Agencies: (1) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the San Diego Association of Governments (SANDAG) Board of Directors; (2) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the San Diego County Water Authority Board of Directors; and (3) Resolution of the City Council of the City of National City, California, Appointing Members of the City Council to the Various Regional Committee Assignments.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
As per California Government Code Section 40605; In General Law Cities where the Office of Mayor is an elective official, the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. Appointments for consideration for 2024:
San Diego Association of Governments (SANDAG) – Primary and Alternate (Annual) Shoreline Preservation Working Group – Primary and Alternate (Annual) Bayshore Bikeway Working Group – Primary and Alternate (Annual) League of California Cities – Primary, Alternate (Annual) San Diego Community Power (SDCP) Joint Powers Authority (JPA) Board (Annual) FINANCIAL STATEMENT:
None.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Current 2023 Regional Boards and Committee Appointments Exhibit B – Resolution SANDAG Appointment
Exhibit C – Resolution SANDAG Appointment – Shoreline Working Group Exhibit D – Resolution Various Regional Committee Assignments
REGIONAL BOARDS AND COMMITTEES – OUTSIDE AGENCIES
As of 11/28/2023
SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) BOARD
The Regional Council of Governments, which fosters cooperation on solving regional issues, such as transportation.
Includes Regional Transportation Commission (RTC) Meeting. 2023 City Council Appointment:
Primary: Luz Molina (Term: December 2023)
First Alternate: Jose Rodriguez (Term: December 2023)
Second Alternate: Ditas Yamane (Term: December 2023)
Board of Directors, and additional Policy Advisory
Committees(PAC):
1. Executive Committee
2. Transportation Committee
3. Regional Planning Committee
4. Borders Committee
5. Public Safety Committee
*Term is annual and must be appointed by December 31.
Meetings:
Board Business Meeting – 4
th Friday of each
month at 9:00 a.m. and 2nd Friday at 9:00 a.m.
Public Safety Meeting – 3
rd Friday of each month
at 1:00 p.m.
Regional Planning Meeting – 1
st Friday of each
month at 12:30 p.m.
Stipend: $150 Board Meetings
$100 PAC Meetings
$100 RTC Meetings
Staff Assigned: Stephen Manganiello, EPW
(Transportation Committee)
Martin Reeder, Planning (Regional Planning
Committee)
LEAGUE OF CALIFORNIA CITIES
A Coalition of California Cities meeting on issues of local, regional and statewide concern.
2023 City Council Appointment:
Primary: Ron Morrison (Term expires: December 2023)
Alternate: Luz Molina (Term expires: December 2023)
*Annual Term
Meetings:
2 nd Monday of each month 11:30 – 1:00 p.m.
Stipend: None.
Staff Assigned: Ben Martinez
METROPOLITAN TRANSIT SYSTEM BOARD (MTS)
Public Transportation Issues.
2023 City Council Appointment:
Primary: Marcus Bush (Term expires: December 2023)
Alternate: Jose Rodriguez (Term expires: December 2023) *Term is two (2) years or end of elected term
Meetings:
Executive Committee – Thursdays at 9:00 a.m.
Stipend: $150 Board Meeting
Staff Assigned: Luca Zappiello (EPW)
REGIONAL SOLID WASTE ASSOCIATION (RSWA)
A Joint Powers Authority (JPA) of the Cities of Del Mar, Encinitas, Escondido, National City, Poway, Solana Beach, and Vista. Its purpose is to address solid waste, household hazardous waste, and other environmental issues on a regional level.
2023 Mayoral Appointment:
Primary: Ron Morrison
Alternate: Jose Rodriguez
*Term is two (2) years or end of elected term
Meetings:
1 st Thursday of each Quarter at 9:00 a.m.
Stipend: $150 Board Meeting
Staff Assigned: Ricardo Rodriguez (EPW)
/Consultant
REGIONAL BOARDS AND COMMITTEES – OUTSIDE AGENCIES
As of 11/28/2023
PORT OF SAN DIEGO PUBLIC ART COMMITTEE
2023 Mayoral Appointment:
Community Representative: Augustin Buela Jr. (Term: December 31, 2025)
Term is for three (3) years.
*No member may serve more than six (6) years per BPC Policy No. 609 (7) Meetings:
Monthly basis, as needed.
Stipend: None.
Staff Assigned: Ben Martinez
METRO WASTEWATER JPA
Oversees the sewage system for the San Diego area and makes decisions regarding financial expenditures relating to the sewage system. Appointee from each agency plus an alternate.
2023 Mayoral Appointment:
Primary: Ditas Yamane (Term expires: December 2023)
Alternate: Jose Rodriguez (Term expires: December 2023) *Term is two (2) years or until no longer elected official.
Meetings:
Metro Commission/JPA – 1
st Thursday of each
month at 12:00 p.m.
MetroTAC Committee – 3
rd Wednesday of each
month at 11:00 a.m.
Stipend: $150 per Meeting
Staff Assigned: Martha Juarez (EPW)/Consultant
SAN DIEGO COUNTY WATER AUTHORITY (SDCWA)
Providing safe and reliable supply of water.
2023 City Council Appointment:
Primary: Ditas Yamane
Proxy Selected within Board by Primary: Jose Crista
Board of Directors, and additional Standing Committees:
1. Administrative and Finance Committee
2. Engineering and Operations Committee
3. Imported Water Committee
4. Legislation and Public Outreach Committee
5. Water Planning and Environmental Committee
*Term is two (2) years per SDCWA Article 2.00.040
Meetings:
Board Business Meetings - 4
th Thursday of each
month, except November and December at 9:00
a.m.
Stipend: $150 Board of Directors Meeting
$180 Officers (Chair/Vice-Chair)
Staff Assigned: Martha Juarez (EPW)
SAN DIEGO UNIFIED PORT DISTRICT
2023 City Council Appointment:
Community Representative: Sandy Naranjo (Term expires:
December 2024)
*Term is four (4) years per SD Unified Port District Act Meetings:
Board Meetings – 2
nd Tuesday of month at 1:00
p.m.
Stipend: None.
Staff Assigned: Ben Martinez
OTAY AND SWEETWATER RIVER WATERSHED PANEL
2023 City Council Appointment:
Primary: Marcus Bush (Term expires: December 2023)
Alternate: Jose Rodriguez (Term expires: December 2023) *Term is two (2) years or end of elected term Per PRC 22.9 Chapter 4.5 Meetings:
2 nd Thursday every other month beginning
January 2:00 p.m. to 4:00 p.m.
Staff Assigned: Martin Reeder
REGIONAL BOARDS AND COMMITTEES – OUTSIDE AGENCIES
As of 11/28/2023
SWEETWATER AUTHORITY
2023 Mayoral Appointment: (Per Sweetwater Policy 506):
Community Representatives:
Ron Morrison
Ditas Yamane
(Term expires: December 31, 2026)
Citizen Advisory Committee:
Primary: William Sendt
Alternate: Aida Castneda
*Term of four (4) years or end of elected term. Per Sweetwater Policy 506 Meetings:
2 nd Wednesday of month at 6:00 p.m.
4 th Wednesday of month at 6:00 p.m.
Stipend: $150 Board Meeting
Staff Assigned: Ben Martinez
San Diego Community Power (SDCP) Joint Powers Authority (JPA) Board
2023 Mayoral Appointment:
Primary: Ditas Yamane
Alternate: Marcus Bush
*Per JPA Agreement Section 4.2
Meetings:
4 th Thursday of month at 5:00 p.m.
Stipend: None.
Staff Assigned: Martha Juarez (EPW)
San Diego County Air Pollution Control Board
Primary: Marcus Bush
SANDAG COMMITTEES AND WORKING GROUPS
MOBILITY WORKING GROUP
Chair: Jose Rodriguez
Staff Assigned: Luca Zappiello (EPW)
PUBLIC SAFETY COMMITTEE (Regional Chief) Staff Assigned: Alex Hernandez REGIONAL HOUSING NEEDS ALLOCATION (RHNA) Staff Assigned: Carlos Aguirre SAN DIEGO REGIONAL MILITARY WORKING GROUP Staff Assigned: Ben Martinez
SHORELINE PRESERVATION WORKING GROUP
2023 City Council Appointment:
Primary: Jose Rodriguez (Term expires: December 2023)
Alternate: Marcus Bush (Term expires: December 2023)
*Per SANDAG Policy Advisory Committee Membership Policy No. 002
*Term is annual
Meetings:
Quarterly on 1st Thursday of month at 11:30 a.m.
Stipend: None.
Staff Assigned: Martin Reeder
SUSTAINABLE COMMUNITIES WORKING GROUP Staff Assigned: Martin Reeder (Planning)
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPOINTING MEMBERS OF THE CITY COUNCIL TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS BOARD OF DIRECTORS
WHEREAS, California Public Utilities Code Section 132351.1(d)&(f) require that the City Council appoint a primary representative and alternate to the San Diego Association of Governments (SANDAG) Board of Directors; and
WHEREAS, SANDAG requests that the appointments be made by the Legislative Body (City Council) and that the appointment be made no later than January 31.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the following City of National City Councilmembers are appointed to the San Diego Association of Government Board of Directors, for a term ending in December 2024 or until replacements are appointed:
PRIMARY MEMBER:___________________
ALTERNATE:_________________________
Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.
Section 3: Direction to the City Clerk to provide a certified copy of the resolution in its entirety to SANDAG prior to the January 31 deadline.
PASS AND ADOPTED this 5
th day of December 2023.
____________________________
Ron Morrison, Mayor
ATTEST:
_________________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_________________________________
Barry J. Schultz, City Attorney
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, APPOINTING MEMBERS OF THE CITY COUNCIL TO THE SAN
DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) SHORELINE
PRESERVATION WORKING GROUP
WHEREAS, California Public Utilities Code Section 132351.1(d)&(f) require that the City Council appoint a primary representative and alternate to the San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group; and WHEREAS, SANDAG requests that the appointments be made by the Legislative Body (City Council) and that the appointment be made no later than January 31.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
That the above recitals are true and correct.
Section 1: That the following City of National City Councilmembers are appointed to the San Diego Association of Government Shoreline Preservation Working Group, for a term ending in December 2024 or until replacements are appointed:
PRIMARY MEMBER:___________________
ALTERNATE:_________________________
Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.
Section 3: Direction to the City Clerk to provide a certified copy of the resolution in its entirety to SANDAG prior to the January 31 deadline.
PASS AND ADOPTED this 5th day of December 2023.
____________________________
Ron Morrison, Mayor
ATTEST:
_________________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_________________________________
Barry J. Schultz, City Attorney
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
CONFIRMING THE MAYORAL APPOINTMENTS OF MEMBERS OF THE CITY COUNCIL TO
THE VARIOUS REGIONAL COMMITTEE ASSIGNMENTS
WHEREAS, California Government Code Section 40605 requires that the Mayor appoint, with City Council concurrence, City Councilmembers to various regional committee assignments as listed in Exhibit A; and
WHEREAS, the regional agencies request that the appointments be made no later than the first Regular City Council Meeting in 2024; and
WHEREAS, the City Council shall consider each of the Mayoral nominations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: That the Mayor Appointments to the Regional Committee Assignments as listed in Exhibit A are confirmed for terms ending in December 2024, or until end of specified term or until replacement is appointed.
Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.
PASS AND ADOPTED this 5
th day of December 2023.
____________________________
Ron Morrison, Mayor
ATTEST:
_________________________________
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
_________________________________
Barry J. Schultz, City Attorney
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, City Manager
SUBJECT:
Selection of Vice-Mayor for 2024
RECOMMENDATION:
Selection of a Councilmember as Vice-Mayor May be Accomplished by Approval of a Motion per the Policy.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
On November 20, 2018, the City Council adopted City Council Policy No. 120 as the Selection of Vice-Mayor procedure. The express purpose of the policy is to provide every member of the City Council with an opportunity to serve as Vice-Mayor.
The City Council Policy No. 120 provides that the selection is made based on the length of time that a member has served on the City Council, and whether or not the member has previously had the opportunity to serve in the last three (3) consecutive years.
Current City Councilmembers who have previously served as Vice-Mayor in the past three (3) years:
2020 – Marcus Bush 2021 – Jose Rodriguez 2023 – Luz Molina The Policy provides that the position of the Vice-Mayor shall be rotated among the Councilmembers so that each Councilmember serves one (1) year as Vice-Mayor during their four (4) year term. Councilmember Yamane is next in line to be considered for appointment.
FINANCIAL STATEMENT:
None.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBIT:
Exhibit A – City Council Policy No. 120 – Selection of Vice-Mayor
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
ADOPTED: November 20, 2018 AMENDED: August 15, 2023
TITLE: Selection of Vice Mayor POLICY # 120
PURPOSE
In order to provide every member of the City Council with an opportunity to serve as ViceMayor, it is the policy of the City Council that selection be made on the basis of the length of time that a member has served on the City Council, and whether or not the member has previously had the opportunity to serve.
POLICY
It is the policy of the City Council of the City of National City that the position of Vice-Mayor shall be rotated among the Councilmembers so that each Councilmember serves one (1) year as Vice-Mayor during their four (4) year term. The City Council shall select the ViceMayor in accordance with the procedure set forth herein.
1. As a General Law City, selection of the Vice-Mayor is governed by Sections 36801 and 34905 of the California Government Code.
Section 36801 provides:
The City Council shall meet at the meeting at which the declaration of the election results for a general municipal election is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. [Referred to as the “Vice-Mayor” in National City.]
Because National City has a directly-elected Mayor, pursuant to Title 4, Division 2, Article 3 of the Government Code, the provisions of Section 36801 pertaining to the City Council selecting the Mayor do not apply; the Council selects only the ViceMayor.
2. The Vice-Mayor shall have the powers and duties as specified in Government Code Section 36802, which provides that the Mayor shall preside at the meetings of the City Council and that if the Mayor is absent or unable to act, the Vice-Mayor shall serve until the Mayor returns or is able to act. The Vice-Mayor has all of the powers and duties of the Mayor.
3. The term of Vice-Mayor shall be for one- year and, in accordance with Government Code Section 36801, selection of the Vice- Mayor shall occur upon certification of the election results. For purposes of this policy, the election assumes the general election held in November and Certification of the Election
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
ADOPTED: November 20, 2018 AMENDED: August 15, 2023
TITLE: Selection of Vice Mayor POLICY # 120
results generally occurring in December.
4. The Vice-Mayor shall be the Councilmember with the most seniority who has not been Vice-Mayor in the last three (3) consecutive years. In the event two (2) or more Councilmembers have equal seniority and have not been Vice-Mayor in the last three (3) consecutive years, the Councilmember with the most votes in their last regular general election shall serve as Vice-Mayor.
5. In the event of a vacancy on the City Council that is filled by appointment, the appointee shall not be included in the rotation for Vice-Mayor during the appointed term of office.
Related Policy References
California Government Code Sections 36801-36802
California Elections Code Sections 10262 - 10263
Prior Policy Amendments:
November 20, 2018 (Resolution No. 2018-204)
September 19, 2000 (Resolution No. 2000-120)
AGENDA REPORT
Department: City Clerk's Office
Prepared by: Shelley Chapel, MMC, City Clerk
Meeting Date: Tuesday, December 5, 2023
Approved by: Ben Martinez, Interim City Manager
SUBJECT:
Discussion of the Levine Act – Post SB 1439
RECOMMENDATION:
Receive and file.
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Levine Act of 1982 was an Anti-Corruption Law that only impacted non-elected appointed officials of a local agency – think Planning Commissioners.
On January 1, 2023, SB 1439, a new law went into effect, amending the Levine Act (Government Code Section 84308), and as a result of changes to the law, it will now affect our City Councilmembers, Planning Commissioners and future City Council Candidates. In other words, members of our Legislative Body who are directly elected by voters, or those appointed by them making decisions on behalf of the City such as the Planning Commission.
As of January 1, 2023, Local Officials subject to SB 1439 will no longer be allowed to participate in the approval of a proceeding involving a license, permit, or other entitlement for use. That may include the following if presented to the City Council, if a campaign contribution has been received from the applicant or their agents:
1. Applied for by the party;
2. Formally or informally requested by the party’
3. A contract between the Agency and the party or a franchise granted by the agency to the party, other than a contract that is competitively bid, a labor contract, or a personal employment contract. (G.C. 84308.2)
City Councilmembers are required to disclose on record any contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding twelve (12) months to any Candidate Controlled Committees. The prohibition applies to any 12 months while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.
Additionally, in an entitlement-for-use proceeding, a party—but not a participant—is required to disclose any contributions exceeding an aggregate of $250 that the party and their agents have made to an officer of the agency within the preceding 12 months.
The PowerPoint being presented is a high-level overview of the new legislation and the responsibilities of those parties involved. The law does specifically place the responsibility for reporting on those who are either doing business with the City and have contributed in the past twelve (12) months and those who are recipients of the contributions. It is the responsibility of the City Councilmember and Planning Commissioners to recuse themselves from participating in an item that may conflict with these requirements.
FINANCIAL STATEMENT:
Not Applicable
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Communication and Outreach
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review. CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of the meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A – Memo to Mayor and City Councilmembers, Members of Appointed Boards, Commissions & Committees Authored by City Clerk Chapel and City Attorney Schultz Exhibit B – PowerPoint Presentation
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397 619-336-4226 www.nationalcityca.gov
August 30, 2023
TO: Mayor and City Councilmembers
Members of Appointed Boards, Commissions, & Committees
FROM: Shelley Chapel, MMC, City Clerk
Barry J. Schultz, City Attorney
RE: New Legislation SB 1439
On January 1, 2023, a new law, SB 1439, went into effect, amending the Levine Act (Government Code Section 84308). Regulations clarifying the new law took effect on August 12, 2023. As a result of changes to the law, it will now affect our City Councilmembers, Planning Commissioners and future City Council candidates.
Local officials subject to SB 1439 will no longer be allowed to participate in a proceeding involving a license, permit, or other entitlement for use when a party or participant1in the proceeding has contributed more than $250 within the preceding twelve (12) months to the official. Such proceedings include any proceeding to grant, deny, revoke, restrict, or modify a license, permit, or other entitlement for use, that does not solely involve a purely ministerial decision and is:
1. Applied for by the party;
2. Formally or informally requested by the party;
3. A contract between the agency and the party or a franchise granted by the agency to the party, other than a contract that is competitively bid, a labor contract, or a personal employment contract. (2 Cal. Code Regs. § 18438.2)
City Councilmembers and other local officials shall not accept, solicit, or direct a contribution of more than $250 from a party or the party’s agents while a proceeding involving a license, permit or other entitlement for use is pending2 and for 12 months following the date a final decision is rendered. (Gov. Code § 84308(b))
Disclosure under Government Code Section 84308
(a) A local official who is required by Section 84308(c) to disclose the receipt of a contributions shall disclose any disqualifying contribution the local official knows of or has reason to know of, either orally or in writing, on the public records at the beginning of a public meeting in a proceeding involving the license, permit, or other entitlement for use, if a meeting is held. However, in the circumstance where the officer learns of the contribution during the public meeting, the officer shall make the disclosure on the
1 A “participant” includes a contributor who is speaking in opposition or in favor of an item before the City Council/Planning Commission and who has a financial interest in the decision, which could influence a voting member. (See Government Code Section 84308)
2 A “proceeding is pending” includes where an officer knows or has reason to know a proceeding involving a license, permit or other entitlement for use is before the jurisdiction of the agency for its decision or other action and it is reasonably foreseeable the decision will come before the officer in the officer’s decision-making capacity.
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397 619-336-4226 www.nationalcityca.gov
public records prior to continuing to take part in the proceeding. If there is no public meeting, written disclosure shall be entered in the agency’s official records. The Councilmember shall disclose that they have received contributions from a party, participant, or agent of a party or participant, greater than $250 within the preceding 12 months and the name(s) of the contributor(s).
Furthermore, if noticed on the Forecast Calendar, Public Notice, Public Hearing Notice, or any other form of notification that a project may be coming before the Legislative Body in the future, whether this information was received formally or informally, the local official must recuse themselves.
Responsibilities of Reporting
This self-reporting responsibility resides with the official. The City Manager, City Attorney, City Clerk or other City staff will not be responsible for tracking this information nor responsible for notifying the Councilmember or other local official of any potential conflict of interest.
The City Clerk’s Office will provide opportunity for self-reporting by those who are doing business with the City and who have contributed in the past twelve (12) months in the following resources/applications/forms:
1. The City Website – Agenda area
2. The City Website – Public Comment Page
3. Zoom Registration – Question provided on Zoom Registration
4. The City Council Meeting Speakers Slips
5. Agenda Cover Sheet
6. Staff Reports
7. Agreements
8. Application for Zoning Clearance
9. Business Application
10. Building Permit Application
11. RFQ/RFP
12. Street Vendor Permit
13. Social Media
In addition, all Campaign Contribution reporting information is available to the public via the NetFile Public Portal on the City Website and a link will be provided on the City Council Agenda.
This summary of the Levine Act does not constitute legal advice. The language in the Levine Act and relevant regulations and opinions interpreting it govern over this memo. Further, the information included here is not all-inclusive and does not make the City Clerk’s Office liable nor City staff responsible for any lack of reporting. We are providing tools and resources to alert people of their responsibility to self-report. However, we realize that the law and regulations covered in this memo and interpretations thereof are subject to change, and any such changes do not eliminate the requirement of reporting consistent with applicable rules and regulations at that time.
If you have any questions regarding the contents of this memo or its attachments please feel free to contact Shelley in the City Clerk’s Office. Additional information on the Levine Act and “payPage 414 of 441 Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397 619-336-4226 www.nationalcityca.gov
to-play” requirements is available through the Fair Political Practices Commission (FPPC) at https://fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html and in the attached FPPC Fact Sheet. A copy of the current version of Government Code section 84308 is also attached, and links to relevant FPPC regulations are included below.
cc: Interim City Manager Martinez
Interim Assistant City Manager Aguirre
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397 619-336-4226 www.nationalcityca.gov
THE FINAL REGULATIONS:
The FPPC published the final drafts of the Regulations on June 21, 2023.
Finalized Regulations found at the following links:
Adoption of 2 C.C.R. Section 18438: Application of Government Code Section 84308.
Amendment of 2 C.C.R. Section 18438.1: Officers and Agencies under Government Code Section 84308
Amendment of 2 C.C.R. Section 18438.2: Proceedings under Government Code Section 84308.
Amendment of 2 C.C.R. Section 18438.3: Agents under Government Code Section 84308.
Amendment of 2 C.C.R. Section 18438.4: Participants under Government Code Section 84308.
Amendment of 2 C.C.R. Section 18438.5: Aggregated Contributions under Government Code Section 84308.
Amendment of 2 C.C.R. Section 18438.6: Solicitation, Direction, and Receipt of Contributions under Government Code Section 84308
Repeal of 2 C.C.R. Section 18438.7: Prohibitions and Disqualification under Government Code Section 84308
Adoption of 2 C.C.R. Section 18438.7: Prohibitions and Disqualification under Government Code Section 84308
Amendment of 2 C.C.R. Section 18438.8: Disclosure under Government Code Section 84308
Amendment of 2 C.C.R. Section 18705: Legally Required Participation.
LEVINE ACT – POST SB 1439
DISCUSSION
Senate Bill 1439
• What officials are impacted?
• What defines a party or participant?
• Candidates and campaign fundraising.
• When is a proceeding considered “pending”
before an agency for purposes of the 12-
month fundraising ban and disclosure and
recusal requirements?
• What constitutes “willful and knowing”
receipt of a contribution for purposes of the
recusal requirement?
• How can appointed or elected officials cure
violations?
• Does the law impact PAC and independent
expenditure fundraising?
Levine Act of 1982 – Government Code Section 84308
Anti-Corruption Law intended to curb pay-to-play schemes FORMER GOVERNMENT CODE SECTION 84308 –
Applies to contributions made and proceedings
participated in prior to January 1, 2023
Only impacted APPOINTED, NON-ELECTED Local
or State Agency Officers (e.g. Planning
Commissioners)
The fundraising ban for post-proceeding
contributions over $250 was limited to 3 months
after the final decision
AMENDED GOVERNMENT CODE SECTION 84308
New Prohibitions and Requirements are effective
January 1, 2023
Broadened fundraising prohibitions and recusal
requirements to include LOCAL ELECTED
OFFICERS
Fundraising ban for post-proceeding contributions
over $250 was extended to 12 months after the final
decision
Who is impacted?
Current Mayor and City Councilmembers
Candidates for Mayor or City
Councilmember
Planning Commissioners
Parties, Participants and their Respective
Agents in a proceeding involving a license,
permit, or other entitlements for use
License, Permit, or Other
Entitlement for Use…
• Identifiable persons who are directly
affected
• The direct substantial financial impact on
the participants
• All business, professional, trade, and land
use licenses and permits and all other
entitlements for use
• Land use
• Contracts
• Franchise Agreements
Examples of Entitlement for Use Proceedings
Building and Development Permits
Conditional Use Permits
Contracts Generally, including Small
Purchase Order Agreements
Public Street Abandonments
Private Development Plans
Professional License Revocations
Rezoning of Specific Real Estate
Parcels
Event Permits
Rulemaking Procedures affecting a
Particular Industry where only a small
number of businesses are affected
Special District Formation Proceedings
involving the creation of a Special Use or
Benefit to the persons in the district
Tentative Subdivision and Parcel Maps
Zoning Variances
Party…Participant…Agent?
November 21, 2023
PARTIES PARTICIPANTS AGENT
Files Application or is the Subject
of…
Not a “Party” but… Agent of Party or Participant…
A proceeding involving a license,
permit or other entitlements for
use.
Actively Supports or Opposes a
decision, and who has a financial
interest in the decision
Person represents another
person for compensation, and
appears before or otherwise
communicates with the agency to
influence the pending proceeding
FINANCIAL INTEREST
A Business Entity as an employee, director, officer partner, trustee, manager or an investment interest of $2,000 or more.
Real Property with a value of $2,000 or more including a leasehold interest but not a month-to month tenancy.
Source Of Income totaling $500 or more in the 12 months prior to the proceeding.
Source Of Gift totaling $590 or more in the 12 months prior to the proceeding.
The participant’s personal finances or the participant’s immediate family member.
November 21, 2023 Page 424 of 441
How the $250 is Calculated?
$250 OVER A 12 MONTH PERIOD
November 21, 2023
The Aggregate Value Of Contributions Made Over That Period.
If you direct or control an entity’s contributions, the entity’s contributions shall be aggregated with contributions made by you; and, Any other entity whose contributions that individual directs or controls.
If two or more entities make contributions that are directed or controlled by a majority of the same persons, the contributions of those entities shall be aggregated.
Officer of an Agency?
November 21, 2023
Appointed Elected Candidate
Members of the Boards,
Commissions and Committees
Mayor, City Councilmembers,
and City Treasurer
Person running a campaign to
become an elected official for the
City
A proceeding involving a license,
may make, participate in making
or attempt to use their official
position to influence a decision in
the entitlement for use
proceeding, or exercise authority
or budgetary control over the
agency
Same as “Appointed” description
and also includes the budgetary
control over the agency
A person who if elected may be
in a position to make, participate
in making or attempt to use their
official position to influence a
decision
Prohibition: Taking Part in Entitlement
for Use Proceeding
• Making a Governmental Decision: Authorize, direct, vote, appoint, obligate or commit your agency to any course of action, or enter into a contractual agreement on behalf of your agency.
• Participating in a Governmental Decision: Provide information, an opinion, or a recommendation to affect the decision without significant intervening substantive review.
• Attempting to Use Official Position to Influence a Governmental Decision: Contact or appear before any official in your agency for the purpose of affecting a decision, or you act or purport to act within your authority or on behalf of your agency in making the contact.
November 21, 2023 Page 427 of 441
Disclosure Process:
Form: Orally or in writing
Timing: At the beginning of meeting if known prior meeting. If learned at meeting disclosure should be made when aware. If no meeting is held, written disclosure to the City Clerk and City Attorney.
Contents: The fact of receipt of $250 or more from a party, participant or agent within the preceding 12 months and their name.
November 21, 2023 Page 428 of 441
Have I “willfully or knowingly” received a $250 or greater contribution from a party, participant, or agent within the past 12 months?
Actual knowledge
Disclosure by the party
Other reasons to know:
The party or participant has previously made two or more contributions of more than $250 to you;
You personally solicited the party or participant for a contribution; or You personally accepted a contribution from the party or participant.
November 21, 2023 Page 429 of 441
FAQs
Q: DOES THIS INCLUDE POLITICAL ACTION COMMITTEES (PAC)? A: Only if the name of the Councilmember is named in PAC as endorsed by and is a named Controller of the committee. This includes Treasurer, and Assistant Treasurer.
Q: WHY ARE PLANNING COMMISSIONERS INCLUDED IN THE LEVINE ACT? THEY DON’T RECEIVE CONTRIBUTIONS.
A: Planning Commissioners were always included in the Levine Act, but will now be included in SB 1439 as well.
E.G. If a currently seated Planning Commissioner is running for Office as a City Councilmember, but still on the Planning Commission making decisions on behalf of the City they must report and recuse themselves from the vote.
Q: WHY HAVE YOU INCLUDED CITY COUNCIL CANDIDATES?
A: City Council Candidates are included as the Candidate may be in a decision-making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a Candidate for elected office or has been a Candidate for elected office in the 12 months prior to the proceeding. 14 | November 21, 2023 Footer: Arial 10pt., Gray 80% (Color: Text 2), left aligned, text aligned middle Page 430 of 441 15 | November 21, 2023 Footer: Arial 10pt., Gray 80% (Color: Text 2), left aligned, text aligned middle Q: What are the potential consequences for violating Section 84308? A: May result in a civil action brought by the FPPC for an amount up to five-thousand dollars per violation.
Any person knowingly or willingly violates any provision of the Act is guilty of a misdemeanor and subject to a fine of up to the greater of ten thousand dollars or three times the amount the person unlawfully contributed upon conviction for each violation.
Q: Are project labor agreements establishing the terms and conditions of employment for workers on certain projects considered exempt “labor contracts”?
A: Yes, a “labor contract” is defined as a contract or agreement reached through collective bargaining or with a representative group regarding the salary, benefits, or terms and conditions under and employment policy.
AGENDA REPORT
Department: City Attorney's Office
Prepared by: Barry J. Schultz, City Attorney
Meeting Date: Tuesday, December 5, 2023
Approved by: Benjamin A. Martinez, Interim City Manager SUBJECT:
Verbal Report-Out of Salary and Benefits in the Employment Agreement of the City Manager as Required by the Brown Act.
RECOMMENDATION:
Consider Adoption of the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Appointing Benjamin A. Martinez as City Manager and Authorizing the Mayor to Execute an Employment Agreement between the City of National City and Benjamin A. Martinez with the Effective Date of December 5, 2023.”
BOARD/COMMISSION/COMMITTEE PRIOR ACTION:
Not Applicable.
EXPLANATION:
The Brown Act requires that the Salary and Benefits of Executive Employees are read aloud prior to the Adoption of the Resolution Appointing the City Manager and Approving the Employment Agreement pursuant to Government Code Section 54953 (c)(3).
FINANCIAL STATEMENT:
Account No. 001-403-000-1 (Personnel Services)
Funding for this position is included in the Fiscal Year City Manager Personnel Services budget.
No additional appropriations are required.
RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:
Not Applicable
ENVIRONMENTAL REVIEW:
This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.
PUBLIC NOTIFICATION:
Agenda Report posted within 72 hours of the meeting date and time in accordance with Brown Act.
ORDINANCE:
Not Applicable
EXHIBITS:
Exhibit A - Agreement
Exhibit B – Report Out of Salary and Benefits of City Manager Exhibit C - Resolution
[To be read aloud prior to Adoption of Resolution Approving Employment Agreement] Report Out of Salary and Benefits of
City Manager
Government Code Section 54953 (c)(3)
The following is a summary of the salary and benefits to be received by the Interim City Manager:
Effective December 5, 2023 as City Manager.
$ 255,719 annual salary.
$272,238 annual salary effective February 1, 2024
$9,000 per year for Vehicle Allowance or Employer Provided Vehicle. Employer provided housing equivalent to a monthly housing allowance of $1,200 a month
10 paid fixed holidays per year.
9 days of Administrative Leave per year.
Vacation accrued at the rate of 13.33 hours per month. Employee life insurance of $150,000.
Availability of Health and Dental Insurance.
Participation in CalPERS Retirement System.
Retiree health benefit of $20 per month for each year of service.
RESOLUTION NO. 2023 –
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPOINTING BENJAMIN A. MARTINEZ AS CITY MANAGER AND AUTHORIZING THE
MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND BENJAMIN A. MARTINEZ WITH THE EFFECTIVE DATE OF DECEMBER 5, 2023.
WHEREAS, Benjamin A. Martinez was working in the capacity of Interim City Manager and was selected as City Manager for the City of National City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows:
SECTION 1. Benjamin A Martinez is hereby appointed to the position of City Manager for the City of National City effective December 5, 2023.
SECTION 2. In consideration of Mr. Martinez's acceptance of the appointment made hereinabove, the City Council hereby approves the following employment terms and conditions:
A. Commencement of Employment
December 5, 2023, is hereby designated as the date of commencement of Benjamin A. Martinez's duties to serve as City Manager.
B. Salary / Compensation
The initial base salary to be paid to Benjamin A. Martinez for his services as City Manager shall be $255,719 annually, then $272,238 annually effective February 1, 2024. In addition, Benjamin A. Martinez will receive either an Employer employer-provided vehicle or $9,000 per year for a Vehicle Allowance payable in accordance with the City’s customary payroll practices. Further, he will receive Employer-provided housing equivalent to a monthly housing allowance of $1,200 a month.
C. Benefits
In addition to base salary, Benjamin A. Martinez shall receive such other benefits as are provided to the Executive Group of the City, including holidays, vacation leave, executive leave, sick leave, and insurance and retirement benefits.
SECTION 3. The Mayor is hereby authorized to execute an Employment Agreement between the City of National City and Benjamin A. Martinez, attached to the Agenda Report as Exhibit A, as City Manager from December 5, 2023, through June 30, 2026, or unless sooner terminated by the Employer or Employee as provided in Section 9, 10 or 11 of the Agreement.
Said Agreement is on file in the Office of the City Clerk.
PASSED and ADOPTED this 5th day of December, 2023
Ron Morrison, Mayor
ATTEST:
Shelley Chapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Schultz, City Attorney