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HomeMy WebLinkAboutCC Resolution 11894 (Establish Measure S Committee)RESOLUTION NO. 11894 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING THE MEASURE `S' TRANSACTIONS AND USE TAX COMMITTEE WHEREAS, at the General Municipal Election held on November 8, 2005, San Rafael voters approved Chapter 3.19 of the San Rafael Municipal Code, a citywide Transactions and Use Tax, by passing Measure S with a majority of the votes cast in said election; and WHEREAS, pursuant to Section 3.19.144 of Chapter 3.19, the City Council must establish a "city transactions and use tax committee to review the collection and expenditure of tax revenues collected under the authority of this Chapter" on or before June 30, 2006; and WHEREAS, pursuant to Section 3.19.144, the City Council has the authority to establish the terms of the committee members and the specific duties of the Committee; and WHEREAS, the City Council desires to establish the Measure S Committee and the specific duties of the Committee; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby establishes the Transactions and Use Tax Committee and establishes the responsibilities and duties of the Transactions and Use Tax Committee members as specifically delineated in Exhibit "A", attached hereto and incorporated herein. FURTHER BE IT RESOLVED, that the Transactions and Use Tax Committee shall automatically disband no later than six (6) months after the enabling ordinance is repealed, ruled invalid or terminates under the provisions of the ordinance. I, JEANNE M. LEONCINI, CLERK of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting, held on the 215` day of February 2006, by the following vote, to wit: AYES: Councilmembers: Cohen, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Heller and Miller Jeanne M. Leoncini, City Clerk Measure S Committee Formation Page 1 MEASURE `S' OVERSIGHT ADVISORY CONnUTTEE GUIDELINES AND POLICY MISSION To ensure that all revenues received from the voter approved Transactions and Use Tax (Measure S) are only spent on permissible uses as outlined in San Rafael Ordinance 1837. GOVERNING AUTHORITY FOR COMMITTEE FORMATION Section 3.19.144 of the San Rafael Municipal Code requires the establishment of an Independent Oversight Committee: "By no later then June 30, 2006, the City Council shall establish a City Transactions and Use tax Committee to review the collection and expenditure of tax revenues collected under the authority of this Chapter. the committee shall consist of at least S 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. " ROLES, RESPONSIBILITIES AND DUTIES A. The responsibilities and duties of the Committee shall be limited to: The Committee's sole function shall be to review expenditures of Measure S revenues to ensure the monies have been expended in accordance with the authorized purposes of Measure S. 2. Understand allowable expenses of Measure S monies (as identified in Section 3.19.080 of the Municipal Ordinance). 3. Understand municipal revenue collection and distribution from local, state and federal sources. 4. Review the upcoming fiscal year budget prior to the City Council budget hearings. (Committee Meeting anticipated in April/May.) Prepare and submit to the City Council and the community an annual public report on the expenditures of Measure S tax revenues for the previous fiscal year. (Committee Meeting anticipated in September/October.) B. The Measure S Oversight Advisory 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 have not authority to direct, nor shall it direct, City staff or officials. EXHIBIT "A" Measure S Committee Formation COMMITTEE STRUCTURE: Page 2 Aunointments The City Council shall make appointments to the Measure S Oversight Committee consistent with the established manner of appointing various City Commissions and related committee members. The Oversight Committee shall be composed of up to seven (7) members, but no less than five (5) members. 2. Oualification 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. 3. Term Oversight Committee members shall serve for a term of four years. Member's terms are to be staggered. At the Committee's first meeting, members will draw lots to select three members to serve a two-year term, the remaining members will serve a full four year term. 4. Chair and Vice -Chair The Mayor shall appoint the initial Chair. The Chair shall appoint the initial Vice -Chair. Thereafter, the Oversight Committee shall annually elect a chair and a Vice -Chair, who shall act as Chair only when the chair is absent. 5. Comuensation The Oversight Committee members shall serve without compensation. 6. Meetings A. The Oversight Committee shall conduct at least two meetings a year. B. Special meetings may be called by the Oversight Committee's chair. Special meetings may also be called by Oversight Committee members if three or more members petition the chair for a special meeting. C. All meetings shall be noticed and shall be open to the public in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq. Each member of the Oversight Committee will be given a current copy of the Ralph M. Brown Act. D. A majority of the Oversight Committee members shall constitute a quorum for the transaction of any business. 7. Vacancies and Removal A. The City Council shall fill any vacancies on the Oversight Committee. Measure S Committee Formation Page 3 B. The City Council may remove any Oversight Committee member for any reason, including but not limited to, failure to attend two consecutive Oversight Committee meetings. Upon a member's removal, his or her seat shall be automatically deemed vacant. 8. City Support The City shall provide to the Oversight Committee necessary technical and administrative assistance as follows: A. Preparation, provision and posting of public notices as required by the Brown Act and in the same manner as noticing City Council meetings. B. Provision of a meeting room, including any available City audio/visual equipment. C. Provision of meeting materials, such as agendas, minutes and supporting reports. D. Retention of Committee records. E. Properly staff all Oversight Committee meetings. F. Educate committee members on municipal finance. 10. Termination of Committee The Oversight Committee shall automatically disband six (6) months after the enabling ordinance is repealed, ruled invalid or terminates under the provisions of the ordinance. wAcity managers- workfile\boards & committees\measure s oversight committee\committee set-up.doc