Chapter 2.08 — CITY COUNCIL

The room designated as the Council chambers, located at 1 Civic Center Drive, San Marcos, California, shall be the Council chambers of the City Council of the City and all meetings of the City Council shall be held therein.

(a)

Pursuant to Section 36503.5 of the California Government Code General Municipal Elections for the City of San Marcos shall be held on the same day as the day of the State-wide General Election.

(b)

The Governing Board of the City of San Marcos is the City Council consisting of the Mayor and four Councilmembers. In accordance with a vote of the qualified electors of the City, the office of the Mayor is an elected office. The term of the office of Mayor shall be four years from the first Tuesday following the election until a successor is elected and qualified. The provisions of this Section shall apply to the term of office of the Mayor elected at the November 6, 1990 election.

(Ord. 92-921, Approved by the voters on November 6, 1990)

(c)

The office of elective Mayor shall be filled by the candidate for Mayor receiving the highest vote tally in the City-wide election held in November of each year, beginning November, 1986.

(d)

The office of the Councilmembers shall be filed through by-district elections, pursuant to California Government Code Section 34886, beginning in November 2018, pursuant to the schedule established in Section 2.08.180 of this chapter.

(Ord. 2016-1430, 10-11-2016)

(i)

Members of the City Council shall be elected in the electoral districts established by Section 2.08.170 of this chapter and subsequently reapportioned pursuant to applicable State and federal law. Elections shall take place on a by-district basis as that term is defined in California Government Code Section 34871, pursuant to subdivision (c) of that section.

(ii)

Except as provided in subdivision (iii) herein, the Councilmember elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and Elections Code Section 10227. Termination of residency in a district by a Councilmember 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.

(iii)

Notwithstanding any other provision of this section, and consistent with the requirements of California Government Code Section 36512, the Councilmembers in office at the time the Ordinance codified in this chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. At the end of the term of each Councilmember, that Councilmember's successor shall be elected on a by-district basis in the districts established in Section 2.08.170 and as provided in Section 2.08.180 of this chapter.

(e)

This ordinance shall become operative upon the approval of the Board of Supervisors, County of San Diego, California.

(f)

No person shall serve more than three consecutive terms in any elected municipal office. This provision shall apply to elections held in November, 2000, and thereafter. Any person holding, or who has held, elected office prior to the November, 2000, election shall not have prior or current terms counted for the purpose of applying any term limit provision to the November, 2000, election, and thereafter.

(Ord. No. 99-1052, 2-1-99)

(a)

Each member of the City Council, including the Mayor, shall receive a salary in the sum of $600.00 per month, as authorized by Section 36516 of the Government Code, payable at the time and in the manner as salaries are paid to other officials of the City. The salaries established by this Section are exclusive of any amounts payable to each member of the City Council, including the Mayor, as reimbursement for actual and necessary expenses incurred in the performance of the official duties for the City, or as received by the City Council, including the Mayor, acting in the capacity as members of the Legislative Body of the Redevelopment Agency, the Mobilehome Rent Review Commission, and the Industrial Development Authority. The salary established by this Section may be

adjusted by ordinance of the City Council pursuant to the provisions of the State Government Code in an amount not to exceed five percent per year.

(Ord. No. 90-866, Approved by a Vote of the People on November 8, 1988)

The salary established by this Section shall be effective for all members of the City Council, including the Mayor, as of the date that the term of office of the Mayor and Councilmembers elected at the November 8, 1988, election commences.

(Ord 90-866, Approved by a vote of the People on November 8, 1988)

Annual adjustments have been periodically incorporated into the City Council compensation. As of February 9, 2009, the City Council's monthly salary is $977.64. In accordance with subsection (a), above, increases to City Council compensation have been limited to an amount not to exceed five percent per year. Under the plenary authority granted it by Article XI, Section 5, of the Constitution of the State of California, and by Section 100 of the Charter of the City of San Marcos, and notwithstanding the provisions of Government Code Section 36516(c), the compensation of the City's officers, officials and employees is declared to be a municipal affair, and the provisions of this Section 2.08.030 shall govern with respect to the implementation of the limits on City Council compensation increases set forth in subsection (a) above. The salary established by this section shall be increased annually by an amount representing the upward adjustment in the Consumer Price Index (San Diego, All Items, Base Year 1982-84) for the prior calendar year, which amount is used as the basis of cost-of-living increases for City employees; provided, however, that such increase shall not exceed five percent per annum. As provided in subsection (a), above, cost-of-living adjustments that exceed five percent per annum must be submitted to the voters for approval prior to implementation.

(Ord. No. 2003-1168, 1-28-03; Ord. No. 2009-1315, 2-24-09)

(b)

Each member of the City Council, including the Mayor, shall receive a stipend in the amount of $50.00 per meeting when acting in the capacity as members of the Legislative Body of the Redevelopment Agency, the Industrial Development Authority, San Marcos Public Facilities Authority, the Mobilehome Park Financing Authority, the San Marcos Fire Protection District, the Discovery Valley Utility and/or the City Council when holding hearings relating to Community Development Block Grant (CDBG) funds. The meeting stipend established by this section shall be exclusive of any salary payable to each member of the City Council, including the Mayor, or received as reimbursement for any actual necessary expenses incurred in the performance of the official duties for the City. Said meeting stipend shall only be received by the City Council, including the Mayor, when the legislative body in question has an item on the agenda for that particular meeting, and that member attends such meeting. The stipend established by this Section may be adjusted by ordinance of the City Council in an amount not to exceed five percent per year.

(c)

Each member of the City Council, including the Mayor, shall receive an auto allowance in the amount of $300.00 per month. The stipend established by this section may be adjusted by ordinance of the City Council in an amount not to exceed five percent per year.

(d)

The report published by the City Clerk pursuant to Section 2.08.050(h) shall include the then-current amount of the salary and the meeting stipends paid to the City Council and Mayor.

In order to expedite the orderly procedure of the City Council meetings in the event the Mayor cannot be present, the City Council shall elect one member of the City Council who shall act as Deputy Mayor in the absence of the Mayor.

(Ord. No. 2021-1504, § 2(Exh. A), 9-28-2021)

(Ord. No. 2003-1167, 1-28-03)

(a)

Upon the submission of an itemized account, any member of the City Council or member of the various City board and commissions may be reimbursed for his or her actual and necessary expenses incurred in the performance of official duty for the City.

(b)

Expenses, including expenses charged to General, Special Revenue and Capital Project funds (such as Redevelopment Agency and other such funds under the control or jurisdiction of the City), that may be incurred by a City Council member or a member of the various City boards and commissions in a given month and which are less than $50.00 shall be submitted for reimbursement on a City expense reimbursement form and shall include a brief written explanation of the nature of the expenses, and where possible, receipts are to be provided.

(c)

Expenditures of $50.00 or more but less than $250.00 incurred in a given month shall be submitted for reimbursement on a City expense reimbursement form and shall include a brief written explanation of the nature of the expenses together with verifiable receipts.

(d)

Expenditures of $250.00 or more incurred in a given month shall be submitted in writing to the Council and paid upon approval of such expenditure by the affirmative vote of four Councilmembers. In the event of an urgent and/or emergency situation where prior approval at a regularly scheduled Council meeting is not practical, a request for payment may be submitted to the City Manager. The City Manager shall determine if budgeted funds are available and, if so, pay the expenditure subject to City Council ratification as set forth above. An expense report, including written explanation of the nature of the expenditure, together with verifiable receipts, shall be submitted on the next regularly scheduled City Council meeting agenda for approval.

(e)

If an expenditure is not ratified by the affirmative vote of four Councilmembers, the expenditure shall be repaid to the City prior to the next regularly scheduled pay period. If not repaid, any such expenditure shall be deducted from the next regularly scheduled payroll check of the member of the City Council, board or commission, as appropriate.

(f)

Expenditures related to or made on behalf of spouses of members of the City Council, boards or commissions, except for previously approved events attended by the Mayor and the Mayor's spouse, shall not be paid or reimbursed by the City.

(g)

All expenditures that may be incurred as outlined in subsections (b) through (f) shall be paid by City check, and will appear on the City's warrant register for approval on the consent calendar portion of the agenda for the next regularly scheduled meeting of the City Council.

(h)

No later than September 30 th of each year, the City Clerk shall cause to be published a report of all expenditures made for or reimbursed to each Council, Board or Commission member in a newspaper of local circulation. Said report shall include salaries, stipends, benefits and related costs, reimbursements for incurred expenses and any compensation paid to Council, board or commission members for serving as the City's representative on any committees or panels of any other public agencies. The information contained in the published disclosure shall be for the fiscal year ending June 30 th of each year.

(i)

In addition to reimbursement for actual and necessary expenses incurred in the performance of official duty, each member of the City Council shall be entitled to receive a monthly car allowance in an amount, established from time to time, by the City Council for the purpose of compensating each member for the use of his or her personal automobile for official City business. No member may be reimbursed by the City for automobile mileage in addition to receiving the monthly car allowance.

(j)

In the event any other governmental agency, organization, board or commission on which the Councilmember serves as a representative of the City offers to reimburse the Councilmember for travel expenses (including mileage reimbursement), meals, lodging or other legitimate expenses already paid in full or in part by the City, the Councilmember shall take one of the following actions:

(i)

Decline such reimbursement; or

(ii)

Accept the reimbursement on behalf of the taxpayers of the City and deliver such reimbursement to the City Manager for deposit into the City's general fund.

The City Council has investigated and determined that there is a compelling community economic need for a redevelopment agency in the City of San Marcos and does hereby so declare that there is a need for a redevelopment agency to function within the City of San Marcos, a general law City of the State of California.

The City Council does hereby declare itself to be the redevelopment agency of the City of San Marcos and the members of said agency in that the population of said City is less than 200,000.

The compensation of the members of said Redevelopment Agency shall be the maximum amount allowed per meeting under Health and Safety Code Section 33114.5, as amended. Any City department heads required to attend said meetings shall be compensated at their regular hourly rate and any other City staff shall be compensated by overtime pay or compensatory time off, in accordance with City personnel rules and regulations.

(Ord. No. 99-1078, 1-11-2000)

The City Council hereby finds and declares that there is a need for an Industrial Development Authority to function in the City of San Marcos.

The City Council hereby further declares itself to be the Board of Directors of such industrial development authority, and all the rights, powers, privileges, duties, liabilities, disabilities and immunities vested in such a board shall be vested in the City Council as such board.

The authority established in the City of San Marcos by the California Industrial Development Financing Act and authorized to transact business and exercise its powers thereunder by sections 2-14 through 2-16 shall be known as the "Industrial Development Authority of the City of San Marcos."

The compensation of members of said Industrial Development Authority shall be in accordance with the provisions of Government Code Section 91522(c), as amended. Any City department heads required to attend said meeting shall be compensated at their regular hourly rate and any other City staff members required to attend said meeting shall be compensated by overtime pay, or compensatory time off in accordance with City personnel rules and regulations.

(Ord. No. 99-1078, 1-11-2000)

The City Clerk shall record with the County Recorder of San Diego County all documents relating to real property in the City with respect to building, planning, zoning and engineering matters, if it is determined to be in the best interests of the City of San Marcos. The determination as to the necessity for recordation shall be made by the City Council, City Manager, City Clerk, Planning Division Director, Director of Developmental Services, or City Attorney, and such determination shall be conclusive.

Any fees charged by the Recorder for the recordation of the documents are to be borne by the property owner or developer.

Decisions of all commissions, committees and boards established or appointed by the City Council may be reviewed by the City Council in accordance with the provisions of this Section.

(Ord. No. 2001-1131, 12-11-01)

(a)

Within ten calendar days of the resolution or memorandum of decision of any City commission, committee or board, the City Council, or any individual Councilmember, may request review of the decision. If there is no resolution or memorandum of decision, review must be requested within ten calendar days of the date of the commission, committee or board action. Such review shall be requested in writing and shall be filed with the City Clerk.

(b)

The City Council shall set all reviews of decisions of any commission, committee or board for hearing before the City Council within 30 days of the date the request for review is filed. Following any such hearing, the City Council may approve, modify or disapprove the decision of the commission, committee or board.

(c)

The decision of the City Council in the case of any such review shall be final.

Subject to Section 2.08.180, City Councilmembers shall be elected on a "by-district" basis from the Council districts described as follows, which shall continue in effect until they are amended or repealed in accordance with law:

(Ord. No. 2016-1430, 10-11-2016)

(a)

Council District 1 shall comprise all that portion of the City beginning at the General Municipal Election in November 2018.

(b)

Council District 2 shall comprise all that portion of the City beginning at the General Municipal Election in November 2018.

(c)

Council District 3 shall comprise all that portion of the City beginning at the General Municipal Election in November 2020.

(d)

Council District 4 shall comprise all that portion of the City beginning at the General Municipal Election in November 2020.

Except as otherwise required by California Government Code Section 36512, Councilmembers shall be elected in Council Districts 1 and 2 beginning at the General Municipal Election in November 2018, and every four years thereafter, as such Council districts shall be amended. Councilmembers shall be elected from Council Districts 3 and 4 beginning at the General Municipal Election in November 2020, and every four years thereafter, as such Council districts shall be amended. The election schedule for the Mayor is not affected by this Section.

(Ord. No. 2016-1430, 10-11-2016)