HomeMy WebLinkAboutCC Measure E TUT Oversight Committee VacancyAgenda Item No: 4.b
Meeting Date: October 15, 2018
SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara,
City Clerk
City Manager Approval: ______________
TOPIC: Measure E Transactions and Use Tax (TUT) Oversight Committee
Vacancy
SUBJECT: CALL FOR APPLICATIONS TO FILL TWO FOUR-YEAR TERMS ON
THE SAN RAFAEL MEASURE E TRANSACTIONS AND USE TAX
(TUT) OVERSIGHT COMMITTEE TO THE END OF NOVEMBER 2022
DUE TO THE EXPIRATION OF TERMS OF JACQUELINE SCHMIDT
AND LAWRENCE “LARRY” LUCKHAM
RECOMMENDATION:
It is recommended that the City Council approve the following actions:
1.Call for applications to fill two four-year terms on the San Rafael Measure E
Transactions and Use Tax (TUT) Oversight Committee to November 30, 2022;
2.Set deadline for receipt of applications for Tuesday, November 6, 2018 at 5:00
p.m. at City Hall in the City Clerk’s Office, Room 209; and
3.Set date for interviews of applicants at a special City Council meeting to be held
on a date to be determined.
BACKGROUND:
The Measure ‘E’ TUT Oversight Committee ensures that all revenues received from the
voter-approved local Transactions and Use Tax (Measure ‘E’) are spent only on
permissible uses, as outlined in Ordinance No. 1913. The Committee does not have any
budgetary decision authority, does not allocate financial resources, and does not make
budget or service recommendations to the City Council. The Committee meets once
each fiscal year.
ANALYSIS:
The terms of Jacqueline Schmidt and Lawrence “Larry” Luckham are set to expire on
November 30, 2018. Both incumbents have expressed an interest in reapplying.
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 10/15/2018
Disposition: Approved staff recommendation
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Members of the Committee shall be at least 18 years of age and reside within the City
limits. The Oversight Committee may not include any employee or official of the City, or
any vendor, contractor or consultant doing business with the City. By approving this
item, staff will be able to release a Call for Applications for eligible and interested
community members to apply. Once applications are received and reviewed, the City
Clerk’s Office will schedule a special City Council meeting where the City Council will
interview candidates and make a selection to appoint candidates to the Measure E TUT
Oversight Committee.
FISCAL IMPACT: There is no fiscal impact associated with this item.
RECOMMENDED ACTION: It is recommended that the City Council approve the
following:
1. Call for applications to fill two four-year terms on the San Rafael Measure E
Transactions and Use Tax (TUT) Oversight Committee to November 30, 2022;
2. Set deadline for receipt of applications for Tuesday, November 6, 2018 at 5:00
p.m. at City Hall in the City Clerk’s Office, Room 209; and
3. Set date for interviews of applicants at a special City Council meeting to be held
on a date to be determined.
ATTACHMENTS:
1. Application Materials
Two Vacancies
Measure E Transactions and Use Tax (TUT) Oversight Committee
Applications to serve on the Measure E Transactions and Use Tax (TUT) Oversight
Committee to fill two, four-year terms to the end of November 2022 may be obtained online
at https://www.cityofsanrafael.org/boards-commissions/ and may be completed and
submitted electronically. Hard copies of the application are also available in the City Clerk’s
Office.
Deadline for filing applications: Tuesday, November 6, 2018 at 5:00 p.m.
There is no compensation paid to Committee Members. Members must comply with the
City’s ethics training requirement of AB 1234, and reimbursement policy. See attached
information.
RESIDENTS OF THE CITY OF SAN RAFAEL ONLY MAY APPLY.
The Measure E Transactions and Use Tax (TUT) Oversight Committee meets once annually.
These meetings shall comply with all provisions of the Brown Act.
Interviews of applicants will be scheduled to be scheduled on a date to be determined.
__________________
Lindsay Lara
City Clerk
City of San Rafael
Dated: October 16, 2018
CITY OF SAN RAFAEL APPLICATION TO SERVE AS MEMBER OF
Measure E Transactions and Use Tax (TUT) Oversight Committee
NAME: ______________________________________________________________________
STREET ADDRESS: ______________________________________________________________________
CITY/STATE/ZIP CODE: ______________________________________________________________________
RESIDENT OF THE CITY OF SAN RAFAEL FOR _________________________ YEARS
PRESENT POSITION: _______________________________________________________________________________
NAME OF FIRM: ___________________________________________________________________________________
BUSINESS ADDRESS: ______________________________________________________________________________
*HOME & BUSINESS PHONE: ________________________________________________________________________
*E-MAIL ADDRESS: _________________________________________________________________________________
EDUCATION: ______________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
PARTICIPATION IN THE FOLLOWING CIVIC ACTIVITIES: __________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
MEMBER OF FOLLOWING CIVIC ORGANIZATIONS: ______________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
MY REASONS FOR WANTING TO SERVE ARE: _________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
DESCRIBE POSSIBLE AREAS IN WHICH YOU MAY HAVE A CONFLICT OF INTEREST WITH THE CITY: ___________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
DATE: _________________________ SIGNATURE: ______________________________________
Filing Deadline: Mail or deliver to: City of San Rafael, Dept. of City Clerk
Date: Tuesday, November 6 2018 City Hall, 1400 Fifth Avenue, Room 209
Time: 5:00 p.m. P.O. Box 151560, San Rafael, CA 94915
*Information kept confidential, to the extent permitted by law.
Measure ‘E’ Transactions and Use Tax (TUT) Oversight Committee
Guidelines and Policy
I. Mission
To ensure that all revenues received from the voter approved Transactions and Use
Tax (Measure E) are spent on uses outlined in San Rafael Ordinance 1913.
II. Governing Authority for Committee Formation
Section 3.19.144 of the San Rafael Municipal Code requires the establishment of an
Independent Oversight Committee:
“A City Transactions and Use Tax Committee, to be established by
the City Council by Resolution, shall review the collection and expenditure of tax
revenues collected under the authority of this Chapter. The committee shall consist of
at least 5 members, who shall be residents of the City. The terms of the Committee
members and their specific duties shall be established by resolution of the City Council.”
III. Roles, Responsibilities and Duties
A) The responsibilities and duties of the Committee shall be limited to:
1) Review expenditures of Measure E general tax revenues to ensure the monies
have been expended in accordance with the authorized municipal purposes of
Measure E. To complete this review, the Committee shall:
i) Understand allowable expenses of Measure E general tax funds (as identified
in Section 3.19.080 of the Municipal Ordinance) which states:
The proceeds of the transactions and use tax imposed by this
Chapter shall be deposited into the General Fund of the City to be
used for all general government purposes which may include, but
are not limited to, fire and police protection, street and sidewalk
repair and maintenance, library services, park repair and
maintenance, recreational programs, building and code
enforcement services, planning and zoning services, capital
equipment requirements, repair and rep lacement of City facilities,
capital improvement projects, operational expenses, fiduciary
responsibilities, administration, indebtedness and general
obligations of the City. The tax imposed by this Chapter is
intended to be and is, a general tax, the proceeds of which are to
be spent as the City Council shall in its discretion, from time to
time, determine.
ii) Review documentation from City Council and from City Council-appointed
advisory committees that pertain to the prioritization of use of Measure E
general tax funds.
iii) Review annual reports prepared by the City’s Finance Department that track
the receipt and spending of Measure E general tax funds.
iv) Prepare and submit to the City Council and the community an annual public
report on the expenditures of Measure E general tax revenues for the
previous fiscal year. (Committee Meetings will typically be held in the fall, for
the fiscal year ending on the preceding June 30.)
2) Fulfill the final responsibilities of the Measure S TUT Oversight Committee under
Ordinance 1837: Review and report on the final expenditures of Measure S
during fiscal year 2013-2014, through its termination on March 31, 2014, to
ensure that monies have been expended consistent with the authorized purposes
of Measure S.
B) The Committee shall not have any budgetary decision authority, shall not allocate
financial resources, and shall not make budget or service recommendations to the
City Council.
C) The Committee shall not have authority to direct, nor shall it direct, City staff or
officials.
IV. Committee Structure:
A) Appointments
1) The City Council shall make appointments to the Committee consistent with the
established manner of appointing various City Commissions and related
committee members.
2) The Committee shall be composed of five (5) members
B) Qualification Standards
Members of the Committee shall be at least 18 years of age and reside within the
City limits. The Oversight Committee may not include any employee or official of the
City, or any vendor, contractor or consultant doing business with the City.
C) Term
Committee members shall serve for a term of four years. Members’ terms are to be
staggered; The City Council will determine which three of the initial appointments will
be for a two-year term.
D) Chair and Vice-Chair
The Mayor shall appoint the initial Chair. The Chair shall appoint the initial Vice-
Chair. Thereafter, the Committee shall annually elect a chair and a Vice-Chair, who
shall act as Chair only when the chair is absent.
E) Compensation
The Committee members shall serve without compensation.
F) Meetings
1) The Committee shall conduct at least one meeting each fiscal year.
2) Special meetings may be called by the Committee’s chair. Special meetings may
also be called by Committee members if three or more members petition the
chair for a special meeting.
3) All meetings shall be noticed and shall be open to the public in accordan ce with
the Ralph M. Brown Act, Government Code Section 54950 et seq. Each member
of the Committee will be given a current copy of the Ralph M. Brown Act.
4) A majority of the Committee members shall constitute a quorum for the
transaction of any business.
G) Vacancies and Removal
1) The City Council shall fill any vacancies on the Committee.
2) The City Council may remove any Committee member for any reason, including
but not limited to, failure to attend two consecutive Committee meetings. Upon a
member's removal, his or her seat shall be automatically deemed vacant.
H) City Support
The City shall provide the Committee with necessary technical and administrative
assistance, including:
1) Preparation, provision and posting of public notices as required by the Brown Ac t
and in the same manner as noticing City Council meetings.
2) Provision of a meeting room, including any available City audio/visual equipment.
3) Provision of meeting materials, such as agendas, minutes and supporting
reports.
4) Retention of Committee records.
5) Properly staff all Committee meetings.
6) Educate Committee members on municipal finance.
I) Termination of Committee
The Measure E TUT Oversight Committee shall automatically disband six (6)
months after the end of the fiscal year in which the enabling ordinance is repealed,
ruled invalid or terminates under the provisions of the ordinance. The purpose of this
time is to allow the Committee to complete its final report.
NOTICE TO BOARD & COMMISSION APPLICANTS
REGARDING ETHICS TRAINING
On January 1, 2006, a new law became effective that requires two (2) hours of ethics
training of the local legislative bodies by January 1, 2007. This new law defines a local
legislative body as a “Brown Act” governing body, whether permanent or temporary,
decision-making or advisory, and created by formal action of the City Council. In other
words, any person serving on a City Council, Board, Commission, or Committee created
by the Council is subject to this ethics training requirement. After this initial class,
training will be required every two years.
Ethics training can be accomplished by taking a 2-hour class, self-study. Online training
is available at on line at http://www.fppc.ca.gov/index.php?id=477 and is free of charge.
After you have completed the ethics class, the original certificate needs to be given to
the City Clerk’s Office for record-keeping, with a copy kept for your records.
AB 1234 (Salinas). Local Agencies: Compensation and Ethics
Chapter 700, Statutes of 2005
This law does the following:
• Ethics Training: Members of the Brown Act-covered decision-making bodies must
take two hours of ethics training every two years, if they receive compensation or are
reimbursed expenses. The training can be in-person, on-line, or self-study.
For those in office on 1/1/06, the first round of training must be completed by 1/1/07.
• Expense Reimbursement -- Levels: Local agencies which reimburse expenses of
members of their legislative bodies must adopt written expense reimbursement
policies specifying the circumstances under which expenses may be reimbursed.
The policy may specify rates for meals, lodging, travel, and other expenses (or
default to the Internal Revenue Service’s (IRS) guidelines). Local agency officials
must also take advantage of conference and government rates for transportation
and lodging.
• Expense Reimbursement -- Processes: Local agencies, which reimburse expenses,
must also provide expense reporting forms; when submitted, such forms must
document how the expense reporting meets the requirements of the agency’s
expense reimbursement policy. Officials attending meetings at agency expense
must report briefly back to the legislative