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Home My WebLink AboutCA Agency Report of Public Officials 2019____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: 12/3/2018 Disposition: Approved staff recommendation Agenda Item No: 4.d Meeting Date: December 3, 2018 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Attorney Prepared by: Lisa Goldfien, Assistant City Attorney City Manager Approval: _ _______ TOPIC: AGENCY REPORT OF PUBLIC OFFICIALS 2019 SUBJECT: ADOPTION OF AGENCY REPORT OF PUBLIC OFFICIALS APPOINTMENTS (FPPC FORM 806) AND ANNOUNCEMENT OF PENDING CITY COUNCIL APPOINTMENTS FOR 2019 RECOMMENDATION: Adopt Form 806, Agency Report of Public Official Appointments, and direct staff to publish it to the City website. BACKGROUND: In 2011, the Fair Political Practices Commission (FPPC) initiated enforcement action in some cities against city councilmembers who had participated in city council decisions to appoint themselves to paid positions on the boards of external entities (e.g., a Joint Powers Authority governing board). Under then-existing FPPC Regulation 18705.5, these decisions resulted in a material financial effect on the personal finances of the appointees when the compensation they received as a result of their appointment equaled or exceeded $250 within any 12-month period. This action prompted a number of cities to petition the FPPC to amend Regulation 18705.5. In March 2012, the FPPC amended the regulation to state that a councilmember may participate in a decision to appoint themselves to a position on a public agency board, commission or JPA that will result in additional compensation to them, subject to conditions stated in the regulation. One of these conditions is that the city council must first have adopted and posted on the city’s website a form, now designated as Form 806, that identifies each position the city council appoints for which compensation is paid, the salary or stipend for each position, and the name of each official who has been appointed as the agency’s representative, or alternate. Because the purpose of the new regulation is to address the issue of councilmembers voting to give themselves additional compensation, the regulation is not concerned with paid positions that are not appointed by the City Council (e.g., the San Francisco Bay Conservation Development Commission). ANALYSIS: Form 806 is not intended to list every board or commission appointment for which a stipend is paid, but rather to include only those appointments to boards and commissions that are made by the City Council itself. Adoption of a proper Form 806 will avoid possible conflicts of interest for Councilmembers when they participate in appointing themselves to board positions for which a stipend is paid that will equal or exceed $250 within any 12-month period. If the form is posted, all Councilmembers can participate in the appointment, even those who are being appointed and will receive the stipend. The FPPC has indicated that each city should adopt a Form 806 to identify all paid positions. There is only one board appointment the City Council makes for which a stipend is paid that will equal or exceed $250 within any 12-month period. The appointees to the San Rafael Sanitation District Board each receive a stipend of $100 per meeting attended, for meetings scheduled 12 times per year. Staff has prepared the attached Form 806 showing the City Council appointees and alternate. Form 806 must be posted on the City’s website and will have to be amended and reposted when there is any change in the compensation or number of meetings, or when a new appointment is made to the San Rafael Sanitation District Board, or to any other board or commission position for which qualifying compensation is to be paid. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDED ACTION: Adopt Form 806, Agency Report of Public Official Appointments, and direct staff to publish it to the City’s website. ATTACHMENTS: 1. Form 806 2. Draft City Council Appointments for Calendar Year 2019 Attachment B CITY COUNCIL APPOINTMENTS 2018 2019 POSITION Vice-Mayor, City Council John Gamblin Andrew McCullough Other Agencies (OA) San Rafael Sanitation District Gary O. Phillips (C) Maribeth Bushey Andrew McCullough (Alt) Central Marin Sanitation Agency (informational only- appointed by SRSD) Maribeth Bushey Dean DiGiovanni Al Boro (Alt) Katie Rice (Alt) City Rep. to Association of Bay Area Government (ABAG) Maribeth Bushey Joint Powers Authority Oversight Committee Kate Colin League of California Cities, North Bay Division Maribeth Bushey Andrew McCullough (Alt) Sonoma/Marin Area Rail Transit (SMART) Gary O. Phillips Maribeth Bushey (Alt) Marin County Homeless Policy Steering Committee Kate Colin Gary Phillips (Alt) County Priority-Setting Committee (re: Community Development Block Grant Funds – CDBG) John Gamblin Kate Colin (Alt) Marin Energy Authority (MEA) Andrew McCullough John Gamblin (Alt) Transportation Authority of Marin (TAM) Board of Commissioners Gary O. Phillips Kate Colin (Alt) Transportation Authority of Marin (TAM) - Safe Routes to Schools Program Kate Colin County of Marin - Las Gallinas Watershed Program John Gamblin City Council Standing Committees, Adhoc Subcommittees & Liaisons 2018 City Council Standing Committees (Noticed public meetings) Economic Development Committee John Gamblin (C) Gary O. Phillips (C) Kate Colin Finance Committee Gary O. Phillips (C) John Gamblin Federation/Coalition of San Rafael Neighborhoods (Noticed Joint Committee/City Council meeting) Gary O. Phillips (C) John Gamblin (1st Alt) Kate Colin (Alt) City/School Liaison Committee (Noticed Joint City Council /Schools meeting) Gary O. Phillips John Gamblin General Plan 2040 Steering Committee Maribeth Bushey Kate Colin (Alt) Attachment B City Council Standing Committees, Adhoc Subcommittees & Liaisons cont. 2018 City Council Adhoc Subcommittees (Not subject to Brown Act) Adhoc City/County Liaison Committee Gary O. Phillips (C) Kate Colin Adhoc Pension/Other Post-Employment Benefits (OPEB) Subcommittee Gary O. Phillips (C) Andrew McCullough John Gamblin Adhoc SMART Subcommittee Gary O. Phillips (CC) Maribeth Bushey (CC) Adhoc Homelessness Subcommittee Gary O. Phillips Kate Colin (C) John Gamblin (C) Adhoc Facilities Subcommittee Gary O. Phillips (C) Andrew McCullough New Library Adhoc Subcommittee Maribeth Bushey (C) Andrew McCullough Adhoc Multi-Use Path Subcommittee Andrew McCullough (C) Gary O. Phillips Adhoc Latino Civic Leadership Initiative Kate Colin Gary O. Phillips (Alt) Adhoc Mayor’s Advisory Group (Canal Advisory) Gary O. Phillip John Gamblin Council Liaisons to City of San Rafael, Boards, Commissions and Committees (Open, noticed meetings) ADA Access Advisory Committee John Gamblin Bicycle and Pedestrian Advisory Committee Kate Colin Board of Library Trustees Maribeth Bushey Business Improvement District Advisory Group John Gamblin Economic Development and Affordable Housing Citizens Advisory Committee “CAC” John Gamblin Design Review Board Andrew McCullough Fire Commission Gary O. Phillips Andrew McCullough Measure “E” Citizens Oversight Committee Gary O. Phillips Park and Recreation Commission John Gamblin Attachment B Planning Commission Gary O. Phillips Pickleweed Advisory Board Kate Colin Special Library Parcel Tax “Measure C” Committee Maribeth Bushey Climate Change Action Plan Quarterly Update Forum Kate Colin Library Foundation Board Maribeth Bushey Joint Powers Agreement (JPA) 2018 Marin County Animal Control Jim Schutz Marin County Hazardous and Solid Waste Joint Powers Authority Board and Executive Committee Jim Schutz Cristine Alilovich (Alt) Marin Emergency Radio Authority (MERA) Governing Board Diana Bishop Ralph Pata (Alt) Robert Sinnott (Alt) Marin Emergency Radio Authority (MERA) Executive Board 9/2018 Christopher Gray Marin General Services Authority Jim Schutz Cristine Alilovich (Alt) Marin Telecommunications Agency Andrew McCullough Maribeth Bushey (Alt) Marin County Council of Mayors & Councilmembers (MCCMC) Legislative Committee Maribeth Bushey Marin Transit District Kate Colin Homeless Policy Maker Group Kate Colin John Gamblin Sea Level Rise Subcommittee Kate Colin Pension Andrew McCullough Gary Phillips (Alt) John Gamblin Disaster Preparedness Maribeth Bushey John Gamblin (Alt) Updated December 113, 20172018